CANAL and lakefront property owners have filed a class action against Redland City Council over a canal maintenance levy.
Shine Lawyers filed the action on behalf of Raby Bay, Aquatic Paradise and Sovereign Waters property owners on Thursday.
Last year council found that due to a technical glitch a special charge – collected to dredge, maintain and repair canal and lake estates – was not compliant with state legislation.
Council refunded a portion of the money it had collected from ratepayers.
Shine senior solicitor Tristan Gaven said the action was to recover the remaining amount.
“We’re pursuing this action to ensure ratepayers’ money is back in ratepayers’ pockets,” Mr Gaven said.
“(A total of) 1650 canal and lakefront property owners are owed a full refund of unspent money.
“It’s about accountability and council doing right by its ratepayers.”
A Redland City Council spokesperson said they had not seen the detail of the action as council was yet to be served with any claim.
“Regardless, council will vigorously defend any class action and strongly contest any claim relating to the canal and lake estates,” the spokesperson said.
“Council has always acted with full transparency, accountability and probity and in the best interests of residents.”
Court papers filed on Thursday say that ratepayer John Michael Kozik was levied special charges of $10,193.64 for a Birkdale property.
He was refunded $8347.35, which included compound interest.
The papers allege that council failed or refused to return the balance of the special charges levied.
The matter is an open class action which allows ratepayers to join in until an opt-out notice is issued.
Raby Bay resident George Harris said council had been warned about revetment wall failures when approvals occurred from 1983 to 1986 and should be held accountable for its decisions.
In June about 180 people attended meetings at Cleveland about the action.
At the time Raby Bay Ratepayers Association president Chris Reeves said they had advised their members and supporters to reject class action against council.
Shine Lawyers special counsel Joshua Aylward said at the meetings that councils were required to have public liability insurance which should cover costs if the action went ahead.
He said class actions were funded in return for an agreed percentage.
“If we lose the action that’s the funders’ problem,” he said. “They are the ones who are liable.”
Shine Lawyers has confirmed the class action against Redland City Council is being funded by Augusta Ventures.
The class action covers ratepayers charged the levy from 2011 to 2017.
