Casey's Defence Demonstrates Duty of Care

MEDIA RELEASE: 27 February 2009

The City of Casey’s Defence against Slater and Gordon’s class action in relation to the Stevensons Road closed landfill was filed in court today by Council’s legal representatives, Maddocks.

City of Casey Mayor Cr Geoff Ablett said the key point outlined in the Defence is that the Council has not been negligent in its management of the closed landfill site and has, at all times, exercised reasonable care.

‘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 migrating into the neighbouring estate’, said Cr Ablett.

‘Council has always based its decisions on expert independent advice and worked closely with the Environment Protection Authority and its accredited auditors.’

The Mayor also said the Council continues to exercise a high level of care, demonstrated by the recent decision to spend more than $11 million on a deep wall.

He also said that since the site’s closure in July 2005, the City of Casey has implemented a comprehensive communication strategy targeting the developer, local residents and building industry personnel.

It is expected that the hearing will begin later in 2009 or in 2010.

Summary of Defence prepared by Maddocks (37kb).