Residents act on dispute - inMyCommunity - Perth, Western Australia

as was posted here ... Residents act on dispute - inMyCommunity - Perth, Western Australia

WARTON Road residents are considering using the Local Government Act to pressure the City of Gosnells to address compensation claims over alleged damage to homes during City roadworks.

The residents initially considered a class action against the City but the high legal cost led them to consider cheaper options.

One alternative is to rely on the Local Government Act, which says any dispute over the amount of compensation is to be determined by arbitration.

Southern River MLA Peter Abetz recently wrote to Gosnells chief executive Ian Cowie to say the residents wanted to proceed with arbitration.

Each party must appoint an arbitrator, so Mr Abetz asked the City to advise which arbitrator it would choose.

Mr Abetz also sent copies of expert reports from four residents to the City of Gosnells, highlighting the damage to their homes.

These included two dilapidation reports and two engineering reports.

A fifth resident also produced a comprehensive file with video evidence of alleged damage, and quotes for repairs totalling $8000.

If the City of Gosnells fails to appoint an arbitrator, the residents could make an appointment for the City under the Commercial Arbitration Act.

Should the costs become prohibitive for the residents, Mr Abetz said residents with smaller claims of less than $10,000 could instead take individual action through the Small Claims Tribunal of the Magistrates Court.

Mr Cowie said the City of Gosnells was currently seeking expert advice.

The City’s insurer previously denied the residents compensation because it concluded the road duplication works met standard procedures and guidelines, and that the City had not been negligent.

Up to 27 homes are believed to be involved in the action.

Compensation claims lodged with the City’s insurers were denied in June.