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Kalbar Gippsland Class Action
What is the Kalbar Gippsland Class Action About?
From approximately 2014, representatives of Kalbar Operations Pty Ltd have allegedly been continuously approaching and intimidating property owners and business proprietors with livelihoods dependent on the successful running of their business in the Gippsland rural region. Mitry Lawyers is instructed that there has been substantial pressure imposed on the property owners and businesses to sell their properties and dispose of their businesses and leave the area, as there would soon be a Mineral Sands Mine approved by the Minister for the Planning. Such an approval would displace them from their properties and their businesses developed over decades. They were also in fear of losing farmland that had been the livelihood of the farmers and renowned in Australia for its food and vegetables.
The impact of this improper pressure on the farmers has been widespread and devastating. The farmers have suffered serious psychological trauma which has led to the diminution of their ability to properly conduct their businesses and lifestyles in one of the most scenic and productive landscapes in Australia.
The potential class action will be seeking damages for the psychological trauma suffered over the last seven years as well as for the losses of their businesses, and for damages for the losses of their business, due to the apparent improper and negligent conduct of the defendant. It will be argued, amongst other things, that the defendant has failed to take the proper precautions to prevent the improper conduct of its representatives where it was reasonably foreseeable and known to them that the business and property owners would be affected.
The claim is likely to run in a two-stage process. The first stage will be an assessment of whether the defendant is liable to the class for loss of their properties, lifestyle, mental health and businesses. The second stage will assess the quantum of damages to be awarded to the class members.
Is there any financial risk?
There is no financial risk to those seeking to join as a member of the class. The action will run on a separately funded basis.
Documents
Contacts
Rick Mitry | Partner | rick@mitry.com.au or +61 2 9222 2833