Sydney businesses win Sydney Light Rail Class Action
5 years ago, Mitry Lawyers filed a claim in the Supreme Court of New South Wales on behalf of business owners from Circular Quay to Randwick who were affected by the construction of the Sydney Light Rail project.
Yesterday, after a long and difficult journey, Justice Cavanagh found in favour of two of the lead applicants.In summary, the Court found that the interference with the use and enjoyment of their land by those applicants, Hunt Leather Pty Ltd and Ancio Investments Pty Ltd was substantial and unreasonable.Â
In his judgment, Justice Cavanagh explored the design, planning and execution of the Sydney Light Rail project and through very complex analysis concluded that the Government had committed a private nuisance.Â
This finding was so far in relation to two lead applicants, and it seems likely that an independent referee will be appointed to consider the remaining class membersâ claims. This will also include an analysis of each successful class memberâs damages claim in determining the quantum of damages to be awarded.Â
We are very pleased to be able to make this announcement, and hope that it will bring reprieve to so many who have waited for so long.
A special thank you to Angela Vithoulkas for her tireless determination in not only making this claim happen, but keeping the flame alight through the journey.
https://www.abc.net.au/news/2023-07-19/nsw-government-liable-light-rail-businesses/102618646
https://www.smh.com.au/national/nsw/sydney-businesses-win-battle-against-nsw-government-over-losses-caused-by-3b-light-rail-20230719-p5dpga.html