A Peet Ltd property syndicate has been named as a defendant in a class action over a methane leak at Brookland Greens Estate in Victoria.
A Peet Ltd property syndicate has been named as a defendant in a class action over a methane leak at Brookland Greens Estate in Victoria.
In a statement to the Australian Securities Exchange Peet said Peet & Co Casey Land Syndicate Limited was added as a defendant in the case in the Victorian Supreme Court on October 15.
A group of residents started the action against the local council in 2008 which related to a gas emission from the Council's disused landfill site next to the estate.
The council joined the landfill site, SITA Australia and various other parties as third parties to the proceedings.
Upon the application of SITA, the Syndicate and six other parties were added to the proceeding, bringing to 12 the total number of parties joined.
Peet managing director Brendon Gore said he was very disappointed the matter couldn't be resolved in mediation.
He said that the subsequent claims brought by the plaintiffs, and any further claims would be vigorously defended.
The case returns to court on December 17.
See company statement below:
Peet Limited ("Peet") is the project manager for Brookland Greens Estate ("Estate") in
Victoria, owned and being developed by Peet & Co Casey Land Syndicate Limited
("Syndicate").
In late 2008 a group of residents represented by Slater & Gordon commenced action in the Supreme Court of Victoria against the City of Casey ("Council") in relation to methane gas emissions from the Council's disused landfill site adjoining the Estate. The Council then joined its manager of the landfill site, SITA Australia Pty Ltd ("SITA"), and various other parties as third parties to the proceeding. Upon the application of SITA, the Syndicate and six other parties were joined to the proceeding, bringing to 12 the total number of parties joined.
At a directions hearing on Friday 15 October 2010, the plaintiffs obtained leave to file and serve an amended statement of claim which would include a claim against the Syndicate. That amended statement of claim has since been served on the Syndicate. The Council, SITA and two other parties involved in the litigation, the Environment Protection Authority and LMS Generation Pty Ltd, also obtained leave to file and serve statements of claim against the Syndicate. Any such statements of claim have yet to be served on the Syndicate. The Syndicate denies any liability and will vigorously defend all claims made against it.
The court made certain orders including requiring the parties to confer before the next directions hearing on 17 December 2010 about issues that might be heard and determined in a first, separate trial of those issues. The court indicated that such first trial may commence in July 2011.
The court ordered mediation process which commenced on 3 May 2010 last resumed on 28 September 2010 and resulted in the mediator encouraging the parties on 8 October 2010 to continue their discussions even though he had informed the court that the mediation had not to date been successful in resolving the matter.
On behalf of the Syndicate's directors, Brendan Gore said it was very disappointing that the parties had not to date been able to resolve the matter in mediation, and that the subsequent claims brought by the plaintiffs, and any further claims brought by other parties against the Syndicate, would be vigorously defended.
The Syndicate considers the claim against it misdirected and should not draw attention away from the critical issues which are the migration of gas and management of the landfill site, which has been disused for some years.
"On behalf of the Syndicate, we remain hopeful that this matter can yet be sensibly resolved," said Mr Gore.