William Roberts Lawyers, acting for three local landowners and graziers, have filed an environmental class action against Cadia Holdings Pty Limited (CHPL), a subsidiary of global mining company, Newmont Corporation. The proceeding is brought in the Supreme Court of New South Wales on behalf of the plaintiffs and a class of group members who owned, occupied, or leased land in the area described in the Statement of Claim. The class action is being funded by Aristata Impact Litigation Fund (1) LP, a fund which is managed by Aristata Capital Limited (Aristata).
The claim alleges (amongst other things) that the properties of landowners living around the Cadia gold and copper mine, which is located near Orange NSW (around 240 kilometres from Sydney), have been exposed to air, land and water contamination emanating from the mine site.
The plaintiffs and class members will be seeking an injunction (a court order requiring CHPL to abate further nuisances) and compensation (damages) for the loss and damage they have suffered, and continue to suffer, by reason of the contamination. The losses claimed include diminution in the value of land, diminution in amenity value, consequential loss of profit, and cost of making good the contamination.
A copy of William Roberts Lawyers media statement can be found here
Who will be eligible to participate in the class action?
You may be an eligible group member if, at any time from 2 February 2020 to 2 February 2026, you:
- Owned, leased or occupied land located within the area delineated by the red line on the map in Annexure A to the Statement of Claim (Relevant Area); and
- Have suffered loss or damage by reason of:
- the land you owned, leased or occupied being injured or interfered with as a result of the matters set out in the Statement of Claim; and/or
- the contamination of public waterways, groundwater and/or air as a result of the matters set out in the Statement of Claim.
The Statement of Claim, and other documents filed with the court, will shortly be made available on the Supreme Court of New South Wales website, which you can access here.
If you meet the criteria for group membership, you will be included in the class action, and we invite you to register your details following the process set out below.
If your property is in the Relevant Area but you do not wish to participate in the class action, you will have the opportunity to “opt out” of the class action when the court publishes an opt out notice in due course.
The Relevant Area is defined by reference to a radius around the Cadia mine where contamination has been detected. That radius is currently set at 17km. If your property is located outside the Relevant Area but you believe you have been affected by the contamination set out in the Statement of Claim, please contact William Roberts Lawyers to discuss your situation.
Will it cost me anything to participate in the class action?
The class action is being run on a “no win no fee” basis. This means group members are not required to pay any ‘out of pocket’ costs to any party, even if the class action is unsuccessful. The plaintiffs’ up front costs of bringing the class action are paid by the funder Aristata.
If the class action is successfully resolved (via a settlement or a judgment in favour of class members or both), subject to Court approval, the costs of running and funding the class action may be deducted from any payment made by the defendant.
More information about Aristata is available here.
Registration of interest
Anyone who may be an eligible group member is invited to register by clicking on the link below, which will take you to our group member portal hosted by Sedgwick, a claims administrator engaged by William Roberts to assist in the management of group member claims:
CLICK HERE TO REGISTER (SEDGWICK)
Any Questions?
If you have any questions about the above, or about your registration or the class action, please email William Roberts Lawyers at cadiaclassaction@williamroberts.com.au, or call them on 02 9552 2111.
