Sign in to follow this  
Bussy

Residents start class action.

44 posts in this topic

In the today's news some of the residents are taking a class action out against Luna Park basically for stress due to the noise. You are going to laugh at some of the claims.

The Australian"] Residents win Luna Park application April 15, 2005 THE New South Wales Supreme Court has approved an application to fast-track a nuisance claim over noise levels at Luna Park in North Sydney. A group of irate Milsons Point residents filed a nuisance action against Luna Park management last week over five "unacceptably noisy" rides, including the Ranger, Spider and the Tumblebug. Attempts by Luna Park to adjourn the process in court today failed after Justice Richard White agreed a swift timetable. Solicitor for the residents, Peter Wise, said his clients had taken heart from the verdict. North Sydney Council was prevented from taking action on behalf of the resident's last month after the NSW Government stepped in, introducing an amendment to exempt the icon from council directives. Mr Wise said he told the judge the state Government had backed residents into a corner. "The argument we put forward is that the noise has been there for a year now," Mr Wise said outside court. "Most of the residents had been hopeful that council would be able to do something about it after a noise report showed the levels were far too high. "Council wanted to explore the possibility of taking court action but the Government shut that down. "We are effectively reluctant plaintiffs because the Government took away the right of council to take action." Mr Wise said residents were happy with the proposed timetable. "These things normally take a long time. "(But) it's a matter that should be expedient because the health and wellbeing of the residents is suffering." An almost identical case over noise 10 years ago forced the Big Dipper rollercoaster to shut down, effectively causing the revamped park to close. The matter is due before the courts again on June 10. A Luna Park spokesman said the landmark would vigorously defend the action. "These people are trying to rewrite 70 years of history by challenging Luna Park in its lawful operations at Milsons Point," he said.
NEWS.com.au"] Luna Park faces stress claims April 16, 2005 RESIDENTS who want to shut down rides at Sydney's Luna Park are now threatening to lodge claims for herbal medicine, sleeping tablets and massages that they need to deal with alleged noise stress. Solicitor Peter Wise, representing 100 residents and a developer who have taken out a noise injunction in the Supreme Court, said a damages action running into millions of dollars could be launched if the injunction was successful. If damages were sought, he said development company Glen Eight might have the strongest case for damages, if it could be shown the sale of units had been delayed. And he said residents may also have a damages case. "One lady goes to a herbalist and GPs and gets regular massages to deal with stress," he said. "All this needs time and money. "Three witnesses suffer from migraines and need total silence and darkness, but have to deal with rides on which they can hear up to 60 patrons' screams a minute." Other residents had been forced to pay for airconditioners, to allow them to sleep with windows closed, and also double-glazing, he said. Mr Wise yesterday returned to the Supreme Court, where Justice Richard White said the issue of damages should be decided after the court determined the ride injunction action. He adjourned the matter to June 10. Outside court, Mr Wise said it was by no means certain that damages would be sought and the primary aim of the legal action would be to stop five allegedly excessively noisy rides from operating at the park. Mr Wise said the extent of the damages had not been discussed in detail with his clients, but they would be "significant". Other Milsons Point property investors had problems renting units due to noise, Mr Wise said. In the case of the injunction failing, then the damages action also would not be proceeding. A "general damages" claim against Luna Park for allegedly breaching noise rules was also a possibility, Mr Wise said. Milsons Point resident Joan Street, at yesterday's hearing, said she wouldn't press for damages: "As long as I get my amenity back, I wouldn't seek damages." At the hearing, solicitor Matthew Baird, for Luna Park, tried to stand the case for another two weeks. This was rejected by Justice White, which was interpreted by the plaintiffs' solicitors as a fast-tracking of the case. Luna Park, owned by developer Multiplex, argues residents should have known of the noise issues involved with living next to a fun park when moving into the area. Barrister Peter Tomasetti tried to hand up photographs showing the apartment blocks and Luna Park rides to Justice White. He declined to accept them.
The Daily Telegraph"]The NUMBY* files By Urban Affairs editor MARK SKELSEY April 18, 2005 DISRUPTED violin lessons, entrapped Chinese herbal medicine fumes and smoking daughters have been cited by residents as reasons why Luna Park should shut down rides. The Daily Telegraph has seen several affidavits filed in the Supreme Court by Milsons Point residents against the amusement park, which re-opened in April last year. Here is a summary of some of the residents' affidavits, which make interesting reading. The court is likely to decide in July whether to grant the residents' injunction order to close down five rides. Luna Park says this order, if granted, could cause it major financial pain. KEVIN SEETO Kevin Seeto and wife Judith purchased their Milsons Point unit in The Cavill, in Cliff St, Milsons Point, in 2001. Mr Seeto said he assumed that Luna Park would only re-open with noise guidelines to protect local residents. Mr Seeto said he is "forced" out of his own home by the noise on weekends and also has a major cooking problem. The smell from Asian cooking prepared by himself and his wife stinks out the apartment and they can't open balcony windows to release the fumes due to noise. "This problem of odours is worse when Judith boils up Chinese herbal medicine," the affidavit reads. "I find the smells from the Chinese herbal medicines to be putrid." BERYL LESKE, OBE The renowned violin teacher bought her Peninsula Tower unit with husband Clemens in 1999. Ms Leske is unhappy about noise from the Ranger ride which she claims stops her using her balcony and affects her violin teaching, done in the apartment. "It is impossible to teach when in the background there is constant squealing . . . it completely breaks concentration for me and the student," the affidavit by Ms Leske reads. "Part of my teaching involves teaching students to project their music to an imaginary audience in the distance, in my case to McMahons Point. "With the sliding door shut, the exercise simply loses all impact." PHILLIP CAVE Mr Cave, who has bought an apartment at 30 Glen St, said one of the park's side-effects is that one of his daughters no longer visits. He said she was not allowed to smoke in the home but doesn't like smoking on the terrace, due to the screaming from patrons. "If I can only smoke on the condition that I listen to the screaming, I would rather not come here at all," the daughter allegedly said. ROS DWYER Ms Dwyer purchased her spacious 266 sq m apartment in The Cavill apartment building overlooking Lavender Bay, for $1.95m in 2002. Ms Dwyer and husband Bob hired a consultant "investigate engineer", who looked at Luna Park press releases and documents about the park. After a verbal report from the consultant, the couple decided to buy because they thought there would be no noise. Ms Dwyer suffers from migraines which are made worse by the fun park noise. GLEN BILLINGTON Mr Billington bought his apartment in 2002 and said the noise from the Ranger ride was effectively "torture". Mr Billington has considered selling his apartment but said he was worried the property had "significantly devalued" and that it was "unfair" for him to move. Mr Billington admits he has "ridden on every ride in the park including the Ranger and Spider. . . my favourite is the dodgem cars". RAYMOND CHRISTIE Mr Christie bought his apartment at McMahons Point, across the other side of Lavender Bay, thinking that noise would not be a problem with the Big Dipper ride having gone. But he said the Wild Mouse and Ranger were problems. "I prefer classical music . . . the noise absolutely disturbs classical pieces of Bach," Mr Christie's affidavit reads. *NUMBY: Not Under My Balcony. The city cousin of the NIMBY (Not in My Backyard)
"The Bus is now leaving for Direct Action Bore, Northern Territory"

Share this post


Link to post
Share on other sites

Originally Posted by The Daily Telegraph The NUMBY* files

Mr Seeto said he assumed that Luna Park would only re-open with noise guidelines to protect local residents. Mr Seeto said he is "forced" out of his own home by the noise on weekends and also has a major cooking problem. The smell from Asian cooking prepared by himself and his wife stinks out the apartment and they can't open balcony windows to release the fumes due to noise. "This problem of odours is worse when Judith boils up Chinese herbal medicine," the affidavit reads. "I find the smells from the Chinese herbal medicines to be putrid."
So stop cooking putrid food you idiot. its not Luna Park's fault you boneheads cook absolute crap... Also - if you choose to assume, you make an ASS of U and ME
"It is impossible to teach when in the background there is constant squealing . . . it completely breaks concentration for me and the student," the affidavit by Ms Leske reads. "Part of my teaching involves teaching students to project their music to an imaginary audience in the distance, in my case to McMahons Point. "With the sliding door shut, the exercise simply loses all impact."
So get a proper office for the operation of your business.... stop trying to run a business from your home.
He said she was not allowed to smoke in the home but doesn't like smoking on the terrace, due to the screaming from patrons. "If I can only smoke on the condition that I listen to the screaming, I would rather not come here at all," the daughter allegedly said.
Well.... lets see.... shut down luna park, and lose a lot of money, industry, tourism, and employment, or you can - stop coming to see dad, or STOP SMOKING YOU IDIOT
After a verbal report from the consultant, the couple decided to buy because they thought there would be no noise. Ms Dwyer suffers from migraines which are made worse by the fun park noise.
You got it verbally, and not in writing... IDIOT You THOUGHT there would be no noise.... IDIOT Your migraines are made worse by fun park noise and you move NEXT TO A FUN PARK.... IDIOT
Mr Billington bought his apartment in 2002 and said the noise from the Ranger ride was effectively "torture". Mr Billington admits he has "ridden on every ride in the park including the Ranger and Spider. . . my favourite is the dodgem cars".
You can't have your cake and eat it too...

Share this post


Link to post
Share on other sites

Maybe these residents and the developrs need to get a life. Some of the reasons are absolutely laughable. Is the NSW Government assisting LPS? I hope so, as they would have interests at stake if the unlikely scenario of LPS being restricted. This will not only affect ride operations but other events in the Big Top: eg. dance parties The housing developers should be taken to task. If there is any new infrastructure or refurbishments done, then you would think that the apartments should have been double glazed. Also, are the same residents going to stop other events such as NYE on the Harbour, as the fireworks may disturb their amenity?? My two cents worth!

Share this post


Link to post
Share on other sites

I truly hope that if LPS closes down (and I very much hope it doesn't) that the absolutely tallest residential towers be built right in front of these stupid towers and then we'll hear them scream for the fun park back! :D That would be the most funniest moment and all of NSW will be laughing along with me.

Share this post


Link to post
Share on other sites

In mascot and kurnell, the local council forbids renovation and construction - not a pool, a garage or an extension on the house for a new arrival... nothing. this is because of the flight path, and the local council not wanting people to increase the value of their homes, and therefore increase the population... i see no difference between this and north sydney... so why is north sydney council taking the resident's side... when it means a lot of jobs and tourism for them?

Share this post


Link to post
Share on other sites

Did anyone see the news today about Luna Park? Something about stuff being thrown from the buildings above onto rides. I didn't see it but my G.Friend told me about it.

Share this post


Link to post
Share on other sites

That's Crazy. Who would do that sort of thing apart from sick twisted people? Oh wait, I forgot, these people are. Even if it wasn't them, Builders are sick twisted people. They probably put the builders upto it. Will someone please think of the Children.

Share this post


Link to post
Share on other sites
Will someone please think of the Children.
That's what Michael Jackson said. "The Bus is now leaving for Jacksons Weir, NSW"

Share this post


Link to post
Share on other sites

Spruiker, if you take a look at a REAL Huss Breakdance, you will soon realise, that the "Spider" is a far less superior and lower class version of the fantastic ride. Wittingslow trailerised the ride, and had it looking awesome, but LPS have wrecked a once awesome ride. Id be ashamed to show it off, or even say that it is a Huss model.

Share this post


Link to post
Share on other sites

Hey huss, it's abit hard to pull off a ride with the name of "Spider" when it clearly say's Breakdance at the top. Dahh. Concerning ride experience, I reckon it is much nicer experience than a Traveling "Breakdance".

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Parkz Crew

    Support Parkz... join the Crew for:

    • Ad-banner free viewing
    • Parkz Crew profile badge
    • Extended editing
    • See who's liked your posts
    • Purchase discounts

    Join Now from $20/yr

  • Recently Browsing

    No registered users viewing this page.