Potential class action over alleged damages caused by runway at Sunshine Coast Airport

Residents experiencing ‘dreadful’ noise under the new runway at Sunshine Coast Airport are considering a class action against the council with one law firm stating the case has merit. VIDEO

A possible class action is being investigated in relation to impacts of the new runway at Sunshine Coast Airport on residents living under a flight path.

The Mudjimba Residents’ Association has received legal advice from Creevey Horrell that a class action claim against the Sunshine Coast Council for damages caused by the alignment of the runway “has merit” and would be “premised upon claims in negligence and/or nuisance”.

Creevey Horrell principal Dan Creevey confirmed the firm was investigating potential action.

“The preliminary view of Creevey Horrell lawyers and the counsel we have engaged is that affected residents may have suffered loss and damage as a result of the construction of the new runway in its present location as opposed to its prior planned location,” Mr Creevey said.

“This action has merit and investigations are continuing.”

Council was responsible for the delivery of the new runway, officially designated as Runway 13/31, in June 2020, with the runway resulting in new flight paths, due to changes in the way aircraft arrived and departed from the airport.

An aircraft flies over houses at Mudjimba on approach to Sunshine Coast Airport.

Mudjimba is now directly underneath the flight path for aircraft departing Runway 13 and approaching Runway 31, with an average of 20 flights daily, with close to 40 flights on busier days.

The three impacts that form a potential claim for damages include the cost of noise mitigation, loss in property value and the loss of amenity due to excessive noise.

Mudjimba Residents’ Association president Martin Peelgrane said to proceed with the class action the community needs to raise $55,000 in legal fees.

“This is an opportunity for people to actually condition their house for the environment that we now find ourselves in,” Mr Peelgrane said.

“At the end of the day, the community has got to want to do it themselves and that’s the test we’re doing at the moment.

“This is their chance, their one chance, but if we don’t get the numbers to fund this additional work that we need the lawyers to do we won’t go any further.”

Mudimba Residents Association President Martin Peelgrane and local resident Charles Toms have vowed to support a potential class action.

Mudjimba resident Charles Toms said it has been a “horrible experience” since the opening of the runway to flights.

“It’s a horrible experience in every regard, the noise interrupts everything you’re doing,” Mr Toms said.

“It is dreadful being woken up in the middle of the night, it occurs on more than one occasion.”

More than 100 pledges of $250 were received so far for the class action, with a minimum of 220 pledges required by mid December.

Sunshine Coast Council declined to comment.

Originally published as Potential class action over alleged damages caused by runway at Sunshine Coast Airport