Fleurieu Peninsula asbestos lawsuit grows as more residents express wish to join legal action

More southern homeowners want to join a mass lawsuit against a council and a waste authority as they believe they unwittingly bought rubble contaminated with deadly asbestos.

A Hindmarsh Island property belonging to the O'Connell family that has been hit with asbestos. they are part of a lawsuit against Alexandrina Council and Fleurieu Regional Waste Authority. Pictured on 10th Oct 2023. Pictures: supplied

Almost two dozen homeowners who believe they unwittingly bought rubble contaminated with deadly asbestos want to join a mass lawsuit against a council and a waste authority.

Alexandrina Council and Fleurieu Peninsula Regional Waste Authority are being sued for undisclosed damages over allegations of failed management of recycled material.

At least 13 Fleurieu Peninsula groups, representing 22 homeowners, have launched action in the Environment, Resources and Development Court against the local authorities.

The organisations, which issued legal threats to The Advertiser over claims reporting of an asbestos court row was akin to “contempt”, deny wrongdoing.

Ahead of a first court hearing the lawsuit faces almost doubling in size as at least 20 more residents express interest in joining a “representative” lawsuit, which is similar to a class action.

Authorities have launched asbestos remediation works for 150 properties, but the row centres on disputed plans to properly compensate owners for future property ­devaluations and other costs.

Court documents, filed with the court, allege problems at 13 Goolwa, Port Elliot, Hindmarsh Island, Encounter Bay and Middleton properties, where owners each obtained between 16 and 730 tonnes of rubble.

During clean-up of the Hindmarsh Island property. Pictures: supplied

The rubble was mixed with asbestos and sold to unsuspecting Fleurieu Peninsula residents. Pictures: supplied

Among them is earthmover Michael O’Connell, 60, who has been left so frustrated at remediation inaction he has “gone back to school” to learn how to remove asbestos.

The grandfather of five, and his wife of 25 years retail worker Jocelyn, also 60, still have 2000 tonnes of asbestos rubble on their Middleton property, causing dust to blow over the area.

Michael and Jocelyn O’Connell Middleton home contains asbestos. Picture supplied

He also shifted more than 4000 tonnes of rubble onto six other properties including his daughter and son-in-law’s Hindmarsh Island home.

“We worked seven days a week for many years … and I didn’t think I would need to go back to school to get rid of their illegal waste that they put on my property,” he said.

DBH Lawyers partner, Peter Jackson, who is leading the action, said the dispute was growing.

“We are pleased with the interest raised post the story being told in The Advertiser last week,” he said.

“We are now aware of at least an additional 20 people that have been affected and expressed interest in finding out more about the action.”

He said he was expecting a “large turnout of people” at three information sessions the firm was due to host next month at the McCracken Country Club, Victor Harbour, before a July deadline.

An aerial photograph showing the road base stockpile at the Goolwa waste transfer station. Picture: Fleurieu Regional Waste Authority

In March 2021, the council notified the Environment ­Protection Agency of problems with more than 9000 tonnes of sold “crushed concrete material” that was either contaminated, or potentially affected, with asbestos.

It is unclear how asbestos was mixed with crushed concrete, rocks, plaster board, glass, cement board and masonry at a Goolwa waste transfer station in September 2020 to create 14,000 tonnes of “rubble”.

Members of the public bought the rubble for DIY projects such as driveways, clean fill and concrete slabs, unaware it was contaminated with asbestos.

Investigations have found there had been another contamination incident in 2018, taking the total quantity of material containing asbestos to 26,000 tonnes.

The council and waste authority, which services more than 56,100 southern coast residents, have flagged a vigorous defence of the claim.

The organisations did not respond to inquiries.

The parties are due in court on Thursday.