Boolaroo Class Action
Omni Bridgeway is funding a class action on behalf of owners, purchasers, landlords, investors and authorised representatives of deceased estates (Boolaroo Property Owners) in respect of properties, lots or homes located within the suburb known as Boolaroo in the State of New South Wales, with postcode 2284 (Boolaroo Class Action).
The class action is to be run by Mayweathers.
Boolaroo Property Owners who have suffered loss and damage in the nature of property damage and/or economic loss due to land located in Boolaroo being unfit for residential buildings are invited to apply to participate in the Boolaroo Class Action.
Background
The Boolaroo Class Action alleges that Boolaroo Property Owners have suffered loss or damage due to the conduct of the Lake Macquarie City Council (Council) and the developer Greencapital Aust Pty Ltd (GCA) causing land located in Boolaroo to be unfit for residential development, and as a result:
- For homes that have already been built within the ‘Weemala at the Lake’ Masterplan Area: property owners have suffered loss and damage in the nature of property damage due to their property being unfit for residential buildings or economic loss due to the adverse impact on the value of their properties; and
- Properties located within the ‘Weemala at the Lake’ Masterplan Area but for which homes have yet to be built: property owners have suffered economic loss due to the adverse impact on the value of their properties.
Cause of Action
The claims in negligence and misleading and deceptive conduct are brought by Mayweathers who acts for property owners within Boolaroo.
How Much Will it Cost to be a Part of the Class Action
The class action is being funded by Omni Bridgeway on a “no win, no pay” basis in accordance with the terms of a funding agreement or terms imposed by the Court. If the class action is successfully resolved and there is a recovery of compensation, Omni Bridgeway will be entitled to reimbursement of the costs it has spent plus a commission to be paid only from such recovery.
There are no ‘out of pocket’ costs for class members to pay. Class members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to the Council or GCA.
How Do I Sign Up
It is currently proposed to bring the Class Action on an ‘open’ basis, that is, on behalf of all Boolaroo Property Owners, whether or not they sign up to the funding agreement. If you do not wish to take part in the Class Action, you will need to opt out in accordance with the relevant court rules.
Omni Bridgeway encourages all group members who do not wish to opt out to sign up so that Omni Bridgeway can include you as a ‘known’ funded group member and ensure you receive regular updates regarding the Class Action and, most importantly, so that any distribution from the proceeds of the Class Action to which you may be entitled is properly paid to you.
To sign up, you can do so by clicking on the “Sign up” button below. Alternatively, you can contact the Omni Bridgeway Client Liaison Team in our Perth office by email on [email protected] or by calling 1800 016 464 (free call in Australia) or +61 8 9225 2322 (if overseas).
Please return your completed and signed Funding Agreement and Retainer as soon as practicable.