Families ‘shocked’ over reasons behind dumped ESTA class action

The reason behind a major law firm dumping its class action against ESTA – just weeks after announcing the plan – can now be revealed.

The reason behind Slater and Gordon dumping its class action against ESTA – just weeks after announcing the plan – can now be revealed.

The law firm last week cited “actual and perceived” conflicts of interest as the reason for the class action not going ahead and remained tight-lipped on the reasons.

But the Herald Sun can now reveal the conflict of interest is that Slater and Gordon’s board chair James MacKenzie is married to ESTA’s board chair Flavia Gobbo.

High-level sources, who confirmed the reason behind the decision not to proceed with the class action, said the conflict of interest was another setback for distraught families that had lost loved ones due to ESTA call-taking and dispatch delays.

“I really feel for families who were invested in finally receiving some justice,” one source said.

An ambulance speeds away from the Royal Melbourne Hospital. Picture: David Geraghty

Mr MacKenzie is also the chair of Victorian Funds Management Corporation, Development Victoria and the Suburban Rail Loop Authority Advisory Board, while Ms Gobbo also serves as the chair of WorkCover Queensland and was previously chair of QComp, the former Workers Compensation Regulator in Queensland.

The class action was meant to investigate whether family members of those who lost loved ones were entitled to damages for nervous shock and economic loss.

Families who had registered their interest in the class action received a letter saying: “The decision not to proceed with the investigation should not be seen as an indication of the strength or merits of any claim against ESTA, including as a potential class action.”

“If you or your loved one have suffered harm or an injury connected with ESTA delays or call failings, we strongly encourage you to speak with a lawyer to discuss your legal options,” the letter said.

Bernard and Corine Anseline’s 14 year old daughter Lydia died from an asthma attack after waiting 34 minutes for an ambulance. Picture: Jake Nowakowski

As part of a series of exclusive reports into ESTA’s failures, the Herald Sun last month revealed the tragic death of 14-year-old Lydia Anseline.

Her grieving father, Bernard, watched his daughter die after she waited more than 30 minutes for an ambulance to arrive on April 13.

Mr Anseline told the Herald Sun he was “shocked” to hear about the reason the class action was dumped.

“I’m really shocked to find out this is the reason. It’s disappointing because families deserve justice after all that they have been through,” he said.

A Slater and Gordon spokeswoman said terminating the investigation of a potential class action was not uncommon.

“The decision not to continue this particular investigation was made by Slater and Gordon after careful consideration of a number of factors. This decision was made in the best interests of the people who contacted us,” she said.

“Due to the perception of a conflict of interest, James MacKenzie has not been involved in any decisions about this investigation.

“We have apologised for the inconvenience we have caused to those people who have contacted us and provided them with advice about how they can continue to pursue their legal rights.”