Gas guilt denied

By Bridget Brady
CASEY council has denied any negligence in the management of the Stevensons Road landfill near Brookland Greens.
In its formal response last Friday to allegations made in a class action by law firm Slater and Gordon, the council said it had exercised reasonable care at all times during management of the closed landfill.
Slater and Gordon is representing more than 560 Brookland Greens residents.
In the defence filed in the Supreme Court, the council’s legal representatives, Maddocks, countered three main allegations: negligence, nuisance and property devaluation.
“The City of Casey is defending the class action against it because we believe we have not been negligent in any way in either managing the landfill site or addressing the issue of gas migration into the neighbouring estate,” mayor Geoff Ablett said.
“Council has always based its decisions on expert independent advice and worked closely with the Environment Protection Authority and its accredited auditors.”
The residents claim the value of their homes plummeted since explosive levels of methane gas were found in some houses in the estate in September.
But Mark Hayes, from Maddocks, said the council was not responsible for the loss of value. The court will decide.
“Certainly, the allegation that there has been a wholesale and universal reduction in property values caused by the migration of gas is rejected absolutely,” Mr Hayes said.
Slater and Gordon says more than 800 properties in the estate were collectively worth more than $320 million before the debacle. It says today’s value of the properties is unknown.
Mr Hayes said problems about methane gas have been dealt with “comprehensively, carefully and promptly by council”.
“Ultimately, if there has been any loss or damage suffered by any of the owners of land within the Brookland Greens estate, it is modest and confined to a small number of properties,” he said.
“There have been relatively few recordings of landfill gas within the Brookland Greens Estate that have been cause for concern or any real risk to residents.”
Cr Ablett said the council continued to exercise a high level of care regarding the closed landfill.
Two weeks ago, the council announced it would spend $11 million on an 830-metre-long and 35-metre-deep wall to trap methane gas at the landfill. The mayor described the decision as a “vital step towards a final solution for residents”.
A solution for residents involved in the class action, however, is unlikely to come soon. The court case is not expected to begin until later this year or next year.
The council asked for more time to decide whether other organisations should be part of the litigation, and now has until 24 April to do so.