Residents could join legal fight as toxic landfill saga spreads

Residents in Melbourne’s west who are living on top of toxic landfill say “bring on Erin Brockovich” as more landowners weigh up a potential class action.

The toxic landfill saga in Melbourne’s west is spreading with lawyers flagging more property owners may have grounds to take legal action if the fallout impacts land values in the area. Picture: File image.

The toxic landfill saga in Melbourne’s west is spreading with lawyers flagging more property owners may have grounds to take legal action if the fallout impacts land values in the area.

Scores of St Albans residents are planning to attend a Town Hall Community meeting to be hosted by legal firm Slater and Gordon next week, where a potential class action against the Brimbank City Council and EPA will be discussed.

It comes after hundreds of residents found out last month their houses were built on top of a massive waste dump or were being impacted by vapour from the underground.

Land potentially affected by landfills

Following the announcement landowners have had tenants trying to break their leases and residents say they have been left mentally and physically sick over the news.

Others reported concerning medical histories including women having multiple miscarriages and stillborn babies, unusually high rates of cancer, and one dog breeder reportedly had an entire litter of puppies born with deformities.

When one resident heard about the brewing legal action she told the Herald Sun “bring on Erin Brockovich”.

Slater and Gordon Practice Group Leader Manisha Blencowe said there were “red flags” and early investigations indicated “council has acted in a way that prevented owners from understanding risks”.

More homeowner may join the potential class action.

“The steps by council to remove reference to the landfill site from the planning scheme in 1999 was a clear act that prevented people who now own properties from discovering the existence of the landfill site and any risk of it at the time of purchasing,” she said.

“Secondly, advice that council received in 2013, we understand was apparently – by some media reports – very clear there were high levels of risk to residents at that point with contamination in the landfill site, and council’s decision to not disclose that information is a critical decision by council that is likely to give rise to claims on behalf of owners.”

Ms Blencowe said the issue was also likely to cause significant impacts to the value of homes and commercial properties that are not directly impacted by the issue.

“It may be properties that may be beyond that area that may suffer a taint on value, as a consequence of these issues.”

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In 2011 a similar case involving methane gas against Casey council in Melbourne’s east resulted in more than 770 residents receiving payouts.

Director City Development Kelvin Walsh has previously said the risk to human health was low and the council had informed its insurer.

“We are talking directly with owners and occupiers of affected properties to understand their needs and expectations about the response to the issues associated with the Sunshine Landfills and any expectations they have including compensation.”