“Delay and deny tactics” Disheartened Sydney residents support WestConnex class action lawsuit

By AMBER GRIFFIN

Residents whose homes and properties have been damaged by the construction of Sydney’s WestConnex motorway are looking to join a class action lawsuit against the $16 billion project. 

Due to WestConnex drilling and development, property damage had occurring across Sydney as a result of tunnelling vibration, changes in soil moisture content and soil settlement, causing ground movement underneath the property. 

Over 65,000 homes could be impacted by the construction of the ‘Road Tunnel Time Bomb’ across Sydney from Merrylands to Botany according to independent satellite analysis. 

Owners of some of the 10,000 plus properties directly above or aligned with the tunnels stated that they’re facing demolishing their homes entirely due to structural damage. 

The WestConnex Class Action website states that despite Roads and Maritime Services (RMS) and the Government publicly stating that the obligation to repair damage from construction or tunnelling is with the WestConnex contractors, the Planning Approval conditions for each stage make it clear that RMS, as the Proponent of the project, is responsible for repairing any damaged caused. 

A joint project of the state and federal governments, The WestConnex is a 33-kilometre predominately underground motorway scheme connecting major roadways through Sydney. 

The construction of the motorway has been rife with controversy and community opposition. A pile of toxic methane waste left from construction was discovered at the St Peters Interchange, potentially causing community health risks. 

Class Action Lawsuit 

Dentons law firm have been closely following damage to residents’ homes from WestConnex construction since 2018, and with countless damage claims coming to fruition from the M4-M5 Link and Rozelle Interchange, Dentons and litigation funders Omni Bridgeway are now actively exploring the commencement of a class action. 

“The proposed class action will be led by the legal team that won a landmark settlement from the Federal Government in 2020 for PFAS-related chemical contamination of homes and land including at Williamtown, north of Newcastle” Dentons said in a statement. 

With some homeowners forced to employ their own engineers and geotechnical engineers to assess the damage and facing repair bills of up to $100,000+, a class action lawsuit is gaining traction. 

“Those constructing WestConnex have made lot of noise about having in place a whole range of systems to monitor any potential ground movement or damage to property” Dentons partner Ben Allen told City Hub. 

“Yet when residents with damaged properties have asked for that information, they’re told they can’t have it. The independent panel assessing their claims are told they can’t have it.” 

“It is quite unbelievable, incredibly frustrating for residents, but it also sets a dangerous precedent.” 

 “You can’t tell people on one hand you have put all possible monitoring measures in to protect their interests and then turn around and say it’s not in their interests to know what that information is” Allen said. 

Omni Bridgeway and Dentons Australia are currently investigating potential claims by property owners who have suffered loss and damage as a result of the construction of the WestConnex tunnel underneath their properties. The companies invite any Sydney residents who believe their property has been damaged due to WestConnex construction to register their interest for a potential class action claim. 

“The time and cost of proving WestConnex damaged their homes is placed on the residents’ shoulders,” Stated WestConnex Action Group (WAG) spokesperson Rhea Liebmann. 

“They’re told dry weather, wet weather, cracked pipes, dripping taps and not the massive toll road built metres under or next to their house is responsible. Yet contractors flatly refuse to provide any of their technical documentation to anyone including the panel assessing damage.

“It’s farcical and frustrated residents have had enough of these delay and deny tactics.” 

Residents urge for an end to the ‘westCONnex’ 

With less than a year until the proposed 2023 WestConnex grand opening, opposing Sydney community members are doing everything they can to advocate for a ‘WestConnex-less’ Sydney. 

“If the NSW government had built new train lines instead of #WestCONnex toll roads, then we could’ve had a park with green public artwork but without toxic exhaust stacks” The ‘NO WestConnex: Public Transport not Motorways’ Facebook Group stated. 

“The legal team at Dentons have spent a significant amount of time looking into both property damage and diminution of value for properties associated with WestConnex” Allen said. 

“We also know that some community members feel isolated, helpless, or afraid to speak up. The reality is there is a window in which a class action can be launched in Australia, and many will risk losing potential compensation if they later decide to take legal action for worsening damage” Mr Allen stated.