Premier backs residents over Opal Tower legal action

Premier Gladys Berejiklian is “wholeheartedly” encouraging Opal Tower residents to explore “every legal opportunity they have” against the party responsible for the building’s defects. Meanwhile experts have reported there is “no evidence” of problems with the tower’s foundations.

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Premier Gladys Berejiklian is “wholeheartedly” encouraging Opal Tower residents to explore “every legal opportunity they have” as some consider launching a class action against the party responsible for the building’s defects.

It comes after more damage was discovered at the Sydney Olympic Park tower earlier this week — residents are concerned they won’t be able to move back into their apartments within the 10-day estimate, which expires on Monday.

They still haven’t been told the cause of the cracking, which was originally believed to be a “localised” issue limited to one panel on the 10th floor but has since been discovered in two areas on the fourth floor.

However an interim report from experts this afternoon revealed “no evidence” of issues with Opal Tower’s foundations.

Engineers are still awaiting key information needed to complete their investigation, but expect to received it by the end of the day.

Gladys Berejiklian encouraged Opal residents to consider a class action. Picture: Dylan Robinson

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This morning, when Ms Berejiklian asked whether she would encourage residents to consider a class action, she said: “Absolutely”.

“I think residents should exercise every right, every legal opportunity they have — I would if I was in their shoes … I encourage them wholeheartedly to do that,” she told reporters.

“But we as a government want to get to the bottom of what occurred as much as anybody else. I won’t sit by and have anybody who is providing substandard work to continue to participate in the industry.”

Shine Lawyers’ head of class action Jan Saddler told The Daily Telegraph the firm had been approached by concerned owners and renters from Opal Tower in recent days.

She described the situation as a “very unusual set of circumstances”.

“People are very concerned about the consequences of living in a building that may have significant damage,” she said.

“They’re very uncertain about what the future holds for them in terms of liveability, what they do with their family in the longer term, and also recognising they made significant investments by purchasing in this block.”

Tower residents Vivian Lu with husband Eason and her mother Missy and other angry residents.

If residents are forced to stay away from their homes for longer than 10 days, Ms Saddler said that would also be “taken into account” in the event of a class action.

“That would certainly impact upon the question as to the liveability of those premises,” she said.

Ms Saddler said the firm would await the outcome of both a government inquiry into the tower problems and a review commissioned by the developer before taking further action.

Asked whether the NSW government would offer financial aid to residents after spruiking its strong financial position at a press conference this morning, Ms Berejiklian said: “That is not a matter for the government”.

“Obviously we empathise with those residents — I can’t think of anything worse than being asked to leave your home but also especially during this time of year,” she said.

More damage was discovered at the Sydney Olympic Park tower earlier this week.

“Obviously engineers are getting to the bottom of what’s occurred — we need to ascertain the exact facts and those who have been negligent need to be held accountable.”

Ms Berejiklian said she would “wait to see what the expert engineers have to say” about the cause of the fault, adding: “then we’ll take it from there.”

A spokeswoman for builder Icon this morning said design engineering firm WSP Australia had issued a “remedial action plan” for Level 10, where the original cracked panel was found.

She said the plan would be reviewed by NSW government-appointed engineers along with body-corporate appointed company Cardno and Rincovitch, an independent third party appointed by Icon.

Icon is also drafting a “construction management plan”, due to be released tomorrow, that will detail how works will be undertaken.

“It is important to note that once the remedial action plan is reviewed and confirmed by all engineers, Icon will finalise a progressive reoccupation plan,” the Icon spokeswoman said.

“A reoccupation plan will be based on the extent of works to be undertaken and be as sensitive as possible to occupants.

The spokeswoman said the reoccupation plan would begin “as soon as Icon has the acknowledgment required from the engineers”.

What engineering experts have found so far

NSW government appointed professors of engineering investigating the defective Opal Tower have found “no evidence” of issues with the foundations of the Opal Tower building but “a number of design and construction issues”, according to an interim briefing.

In a written statement released this afternoon, a spokesman for Planning Minister Anthony Roberts said he and the independent experts wanted to provide a “short update” given most residents have now been out of their homes for almost 10 days.

Dean of Engineering at the University of NSW Mark Hoffman and fellow expert John Carter, from the University of Newcastle, said in a joint statement they “key information” was still needed to complete the investigation but that was expected to arrive by the end of today.

“We should have this information by today and expect that this will allow us to develop a better understanding of the cause of the problem,” Prof Hoffman and Prof Carter said.

“Until we have this we are not in a position to comment on or address any proposed rectification plans.”

The professors said that an initial assessment revealed “no evidence of any issues with the foundations of the building, though we believe that there are a number of design and construction issues that require further investigation”.

“We are now able to focus our attention on these key areas to determine what has caused the issues. We have also met with the engineers working on these matters and those who are working on the rectification proposals,” they professors said.

“We hope to be in a position to make a further statement by the end of next week.”

Mr Roberts’ spokesman said the professors emphasised “all parties involved have been fully co-operating with their investigation”.

University of NSW school civil and environmental engineering professor Stephen Foster assisted Prof Hoffman and Prof Carter with the interim briefing.

Originally published as Premier backs residents over Opal Tower legal action