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Formal Brookland Greens mediation concludes without settlement

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Media Release

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Lawyers acting on behalf of the owners of approximately 600 Brookland Greens properties affected by gas leaks in 2008 are disappointed that a settlement was not reached at a final day of mediation yesterday.

Slater and Gordon lawyer Manisha Blencowe said while negotiations would continue on an informal basis, “ongoing mediation dates which delayed litigation can not continue”.

“Given the lack of success of the formal mediation process in reaching a resolution, formal talks have now ended,” Ms Blencowe said.

Yesterday’s mediation session followed formal mediation earlier this month and in May.

Ms Blencowe said a trial date would now be sought.

“We will seek orders at a directions hearing, to be held in the Supreme Court on October 15, so that a trial can commence at the earliest possible date,” she said. 

“We understand that the failure to reach a settlement has been a source of great frustration to many of our clients. They were hoping that this matter would be resolved sooner, rather than later. We are also frustrated by the lack of progress at the mediation.”

"It is possible that a settlement might be reached by informal discussions continuing, however we can not delay the litigation process if a trial is ultimately what is required to finalise the matter and fairly compensate our clients."

Slater and Gordon is pursuing damages for diminished property value and loss of use and enjoyment on behalf of property owners.  A total of 12 defendants are now involved in the class action which was originally brought against the City of Casey.