By Bridget Brady
The council on Friday announced it would bring three other organisations as third parties in the class action it faces against nearly 600 Brookland Greens residents.
The council joined SITA Australia, LMS Generation and the Environmental Protection Authority (EPA) in the Victorian Supreme Court class action.
A statement from the council’s lawyers, Maddocks, said the third party proceeding would only become relevant if the court found the council liable.
“Specifically, council denied and continues to deny that it has been negligent or has caused nuisance.”
Maddocks said the council had joined SITA Australia because it managed the closed landfill for a period of time; LMS Generation because it provided the council with advice on the extraction of gas from the site; and the EPA because it did not require the northern cells of the landfill to be lined.
“Council is, through these third party proceedings, alleging that if it ever becomes liable it will be because of the action or inaction of these three entities and that any liability should ultimately pass to them.”
But lawyer Ben Hardwick from Slater and Gordon, which is representing the Brookland Greens residents, said it was another example of the council’s “finger pointing”.
“We’re not surprised by this. It’s consistent with Casey’s finger pointing to other parties as it has done since it began,” Mr Hardwick said.
“Presumably they have evidence to support their claims and we look forward to refuting their evidence.”