Sydney light rail class actions members swell past 200
A new wave of complainants are joining a class action against Transport for NSW over its handling of Sydney’s light rail project, with more than 200 people together seeking $400 million in compensation.
Central Sydney
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A newspaper ad flagging an opportunity for people to opt out of a class action against the State Government has had the reverse effect, with dozens of new members signing on.
About 40 residents living along the line of Sydney’s new 12.7km light rail project have in the last two weeks joined a nuisance lawsuit lodged against Transport for NSW for the “widespread and devastating” impact of the project’s delayed construction.
That swells the number of members to more than 200, who are together seeking $400 million in compensation.
City of Sydney councillor Angela Vithoulkas, who blames the project for the loss of her George St business Vivo Cafe in August 2018, said the ad had “triggered” a new wave of complainants.
Cr Vithoulkas said many people thought they had to have endured financial losses in order to join the lawsuit.
“People rang me immediately after seeing it in the newspapers,” she said.
“We’ve already had four meetings. Some we do in people’s loungerooms and they invite the neighbours over.
“(Construction) has been a form of torture ... and they’ve been suffering in silence.”
Works began on the $2.7 billion project in 2015 and were scheduled to be end in March 2019 — that has since blown out to March 2020, as had its original cost of $1.6 billion.
Cr Vithoulkas was instrumental in establishing the class action, which is being led by lawyer Rick Mitry.
As of the start of September 180 complainants had come forward to be part of the lawsuit lodged in December, the majority of which were business owners.
As trams rattled past just metres from a packed Devonshire St cafe on Thursday night, Mr Mitry told the crowd anyone who had suffered “personal anguish” from noise, dust, vibrations or financial impacts caused by the project were eligible to join.
“We do have a lot of members of the class who have committed themselves to (mental health) institutions as a result of this,” he said.
“They lost their money, lost their health, they couldn’t take it anymore.”
At the meeting Devonshire St resident David Siebert said he was “losing sleep” over tram testing and a “lack of answers” coming from operators ACCIONA.
“It’s driving me mad,” he said.
It comes as the government’s Business Assistance Program is set to end on October 1, despite ongoing construction along the Kingsford leg of the project.
A Transport for NSW spokesman said to date 179 business had been provided with more than $39.8 million in assistance - an average of $222,346 per business.
“Businesses that are already part of the program and wish to apply for further financial support will have some additional time beyond 1 October to lodge their applications,” he said.
“Businesses are being kept informed of the arrangements that apply to them.”
Geoff Brackan, who lives above his Devonshire St store Acme Framing, was forced to take out a second lease for a shopfront on Crown St in order to keep his business alive.
“I’m in a situation now where we cannot sleep,” he said. “I’m $300,000 out of pocket. I’ll never recoup that, I need some help.”
Mr Brackan and others at the meeting also raised concerns about the ongoing impact of trams running past their homes.
The transport spokesman said complaints received from residents around Randwick’s stabling yard had sparked a review of lighting on Doncaster Ave.
Many properties had been treated for noise and vibrations, including replacing or sealing doors and windows, the spokesman said.
“Further noise and vibration monitoring will be undertaken within the first three months of the project being fully operational,” he said.
Court dates have been set for June and July, 2020.
