Class action over WestConnex cracking on horizon

The world’s largest law firm may launch a class action on behalf of residents who say WestConnex tunnelling has caused severe cracking in their homes.

• Satellite imaging reveals WestConnex damage
• Damage claims dismissed

The world’s largest law firm may launch a class action on behalf of residents affected by WestConnex tunnelling.

Dentons law firm will present at an information meeting next Wednesday on what options are available to residents who say the motorway has caused severe cracking in their homes.

Satellite imaging linking tunnelling with ground movements along the project’s route is expected to open the floodgates to damage claims.

Dentons partner John Dalzell said the “interesting” imagery had “piqued the interest of a lot of lawyers”.

“It looks like it’s more than just coincidental that the exact areas where there is very significant property cracking is right in the middle of where that ground is meant to have moved,” Mr Dalzell said.

“The imaging has been plotting out this pattern of change of movement quite accurately along the route of the tunnel.

“It’s not a smoking gun, it’s just part of the puzzle.”

Stephanie Dennett’s damage claim was rejected despite severe cracking in her North Strathfield home. Picture: AAP Image/Quentin Jones

Dentons has the biggest class action division globally and is currently handling the huge case against the Department of Defence over land contaminated by highly toxic chemicals PFAF and PF0A.

The case spans three states; Katherine in the Northern Territory, Oakey in Queensland and Williamtown near Newcastle.

Dentons have also handled cases relating to the troubled Sydney light rail project and several problematic developments in Homebush.

The firm is sending out an engineer to look at properties affected by WestConnex to investigate whether a class action would be successful.

A lot will depend on the combined value of the damages claim to determine whether a litigation funder is prepared to take on the risk and costs associated with the legal action.

Mr Dalzell will run through the four options available to residents; do nothing, seek compensation/a settlement, launch individual litigation or a class action.

Satellite image showing ground movement (yellow and orange colouring) near Sydenham Station

WestCONnex Action Group spokeswoman Rhea Liebmann said “thousands” of homeowners could potentially join a class action.

“Residents whose homes have been damaged by WestCONnex tunnelling or construction have had no action in getting their homes fixed, despite RMS and ministerial promises,” she said.

“There are also thousands of residents at risk of damage from tunnelling for the shallow M4-M5 tunnel.”

Several residents have spoken to the Courier about how their damages claims have been rejected despite severe cracking in their homes.

An Roads and Maritimes spokesman said the agency is committed to ensuring property owners are treated fairly and will hold contractors accountable for any damage judged to be caused by WestConnex construction works.

“Accordingly, we have a robust and thorough claims process,” he said.

“This includes the opportunity for people to request a review by the WestConnex project company and then, if necessary, for Roads and Maritime to review their claim.”

Umberto Galasso is another North Strathfield resident who claims tunnelling caused cracks in his house. Picture: Quentin Jones

RMS has received requests from 13 property owners to review their property damage claim and an independent forensic engineering firm has been engaged to carry out property inspections.

The factual evidence of the condition of the property will be used by an independent property impact assessment panel, which is currently being formed, to determine each case.

Last month the independent engineering firm began contacting owners to book in inspections, according to the owners’ preferences.

“Roads and Maritime recognises that satellite technology can be a valuable tool to help assess ground movement over time,” the spokesman said.

“We are currently considering a range of providers who offer this satellite service.”

The data will be used to help review property damage claims.

WestCONnex Action Group is distributing 6000 flyers along the route so they are expecting “two or three hundred” at the information meeting, which will be held next Wednesday, April 17, at the Marrickville Town Hall from 6.30-8pm.

The meeting will cover:

— How have claims for damage to date been dealt with by WestConnex? What’s the process for making a claim?

— What lies in store for residents impacted by Stage 3?

— Is there is a legal claim for damages by residents?

— How would an action be taken by residents, how much will it cost and who will pay?

Speakers:

— Residents’ experiences of making a claim for damage against WestCONnex

— Co-founder of Leichhardt Against WestConnex on planning approval conditions and WestConnex obligations to repair damage — who is responsible?

— John Dalzell and Ben Allen, Partners of Dentons lawyers specialising in class actions and complex litigation.

WestConnex M4 East joint venture contractor John Holland, Leighton and Samsung C & T has been contacted for comment.