'David vs Goliath': council hires Sydney law firm, landslip victims left in the dark

The Advertiser

3 days ago

DISPLACED New Lambton residents say they feel like they're in a "David versus Goliath" fight, up against City of Newcastle's "legal machine".
Residents of 15 properties, one of which has been condemned and continues to crumble, were forced out of their homes on May 23 following a landslip, and have been barred from returning for about 10 weeks.
Now, they say City of Newcastle (CN) has hired a "top-tier Sydney law firm", left emails unacknowledged and is refusing to release property access and work records.
Russell Road resident David, who does not want to be named and has become a spokesman for a number of affected residents, said the council committed in writing on August 1 to provide responses to all residents "at the same time".
On August 1, CN wrote to residents and said, out of respect, it would provide a response to their letter that would be shared with everyone impacted.
Since then, David said two formal resident letters sent Monday and Tuesday had not been acknowledged or responded to as of Friday morning, and the council had phoned a small, select group of residents, leaving the majority uninformed.
"This is a David versus Goliath fight, displaced families up against City of Newcastle's legal machine," he said.
"We're not asking for special treatment, just the basic respect of being told what's happening to our homes.
"CN's selective updates create confusion, erode trust, and deepen the trauma of an already devastating situation."
A council spokesman said it engaged external legal advisors from "time to time" to advise on a range of matters, including the New Lambton landslip and its legal ability to access private property.
"This also enables City of Newcastle to appropriately respond to legal correspondence from lawyers acting for third parties," he said.
The council spokesman said at least one of the property owners had engaged a lawyer.
"It is logical City of Newcastle would therefore need to similarly engage legal representation to respond to their questions," he said.
Meanwhile, David said he was seeking further information via a freedom of information application to the council.
The council spokesman said in recent weeks, a resident had submitted multiple, detailed letters on behalf of themselves and other residents.
He said the Government Information Public Access (GIPA) application was being considered.
"We are working to address the matters raised; however, the frequency and evolving nature of the resident's recent requests on 4, 5 and 8 August means we are continuing to consolidate our response to ensure it reflects the new letters," he said.
"We communicate with residents in the most appropriate way depending on the circumstances.
"This includes phone calls to arrange property access or to discuss upcoming site investigations to enable works to proceed without delay."
The council spokesman said written updates were provided to all affected residents when there was information relevant to the whole group.
Despite repeated requests, residents say it has been eight weeks since they have had a face-to-face meeting with council representatives.
The NSW Reconstruction Authority handed over recovery efforts to Newcastle council at the end of July, and the council has told victims to plan to live elsewhere into 2026.
Residents say they have given conditional consent for geotechnical investigations to start at their properties next week, on the proviso the council commits to a transparent process and independent oversight.
David said residents wanted to work shoulder-to-shoulder with the council, instead of feeling like they're on opposing sides up against a well-resourced organisation with legal muscle that controls information and decision-making.
"Honestly, it's just tiring, we could be on their side here and we're having to spend all of this time and effort fighting them first," he said.
"On one hand, the council has all the information, all of the access and lawyers that we quite frankly can't afford. I don't have ratepayer money to go engage lawyers.
"On the other hand, literally, you've got residents whose houses are either falling over or have fences around them that the council put there to stop us going in; it's not fair, and I don't even want it to be a fight.
"We feel extremely frustrated, extremely let down."
Residents have demanded immediate written acknowledgement of both letters, a single, consistent written update to all residents and a joint face-to-face meeting between them and the council within two weeks.
The council spokesman said it released information to residents in accordance with privacy, legal and operational requirements, and where appropriate.
"City of Newcastle continues to work directly with all residents impacted by the New Lambton landslip to progress recovery works as quickly and safely as possible," he said.
He said arrangements for geotechnical investigations were progressing, and the council remained in contact with residents to coordinate access.
DISPLACED New Lambton residents say they feel like they're in a "David versus Goliath" fight, up against City of Newcastle's "legal machine".
Residents of 15 properties, one of which has been condemned and continues to crumble, were forced out of their homes on May 23 following a landslip, and have been barred from returning for about 10 weeks.
Now, they say City of Newcastle (CN) has hired a "top-tier Sydney law firm", left emails unacknowledged and is refusing to release property access and work records.
Russell Road resident David, who does not want to be named and has become a spokesman for a number of affected residents, said the council committed in writing on August 1 to provide responses to all residents "at the same time".
On August 1, CN wrote to residents and said, out of respect, it would provide a response to their letter that would be shared with everyone impacted.
Since then, David said two formal resident letters sent Monday and Tuesday had not been acknowledged or responded to as of Friday morning, and the council had phoned a small, select group of residents, leaving the majority uninformed.
"This is a David versus Goliath fight, displaced families up against City of Newcastle's legal machine," he said.
"We're not asking for special treatment, just the basic respect of being told what's happening to our homes.
"CN's selective updates create confusion, erode trust, and deepen the trauma of an already devastating situation."
A council spokesman said it engaged external legal advisors from "time to time" to advise on a range of matters, including the New Lambton landslip and its legal ability to access private property.
"This also enables City of Newcastle to appropriately respond to legal correspondence from lawyers acting for third parties," he said.
The council spokesman said at least one of the property owners had engaged a lawyer.
"It is logical City of Newcastle would therefore need to similarly engage legal representation to respond to their questions," he said.
Meanwhile, David said he was seeking further information via a freedom of information application to the council.
The council spokesman said in recent weeks, a resident had submitted multiple, detailed letters on behalf of themselves and other residents.
He said the Government Information Public Access (GIPA) application was being considered.
"We are working to address the matters raised; however, the frequency and evolving nature of the resident's recent requests on 4, 5 and 8 August means we are continuing to consolidate our response to ensure it reflects the new letters," he said.
"We communicate with residents in the most appropriate way depending on the circumstances.
"This includes phone calls to arrange property access or to discuss upcoming site investigations to enable works to proceed without delay."
The council spokesman said written updates were provided to all affected residents when there was information relevant to the whole group.
Despite repeated requests, residents say it has been eight weeks since they have had a face-to-face meeting with council representatives.
The NSW Reconstruction Authority handed over recovery efforts to Newcastle council at the end of July, and the council has told victims to plan to live elsewhere into 2026.
Residents say they have given conditional consent for geotechnical investigations to start at their properties next week, on the proviso the council commits to a transparent process and independent oversight.
David said residents wanted to work shoulder-to-shoulder with the council, instead of feeling like they're on opposing sides up against a well-resourced organisation with legal muscle that controls information and decision-making.
"Honestly, it's just tiring, we could be on their side here and we're having to spend all of this time and effort fighting them first," he said.
"On one hand, the council has all the information, all of the access and lawyers that we quite frankly can't afford. I don't have ratepayer money to go engage lawyers.
"On the other hand, literally, you've got residents whose houses are either falling over or have fences around them that the council put there to stop us going in; it's not fair, and I don't even want it to be a fight.
"We feel extremely frustrated, extremely let down."
Residents have demanded immediate written acknowledgement of both letters, a single, consistent written update to all residents and a joint face-to-face meeting between them and the council within two weeks.
The council spokesman said it released information to residents in accordance with privacy, legal and operational requirements, and where appropriate.
"City of Newcastle continues to work directly with all residents impacted by the New Lambton landslip to progress recovery works as quickly and safely as possible," he said.
He said arrangements for geotechnical investigations were progressing, and the council remained in contact with residents to coordinate access.
DISPLACED New Lambton residents say they feel like they're in a "David versus Goliath" fight, up against City of Newcastle's "legal machine".
Residents of 15 properties, one of which has been condemned and continues to crumble, were forced out of their homes on May 23 following a landslip, and have been barred from returning for about 10 weeks.
Now, they say City of Newcastle (CN) has hired a "top-tier Sydney law firm", left emails unacknowledged and is refusing to release property access and work records.
Russell Road resident David, who does not want to be named and has become a spokesman for a number of affected residents, said the council committed in writing on August 1 to provide responses to all residents "at the same time".
On August 1, CN wrote to residents and said, out of respect, it would provide a response to their letter that would be shared with everyone impacted.
Since then, David said two formal resident letters sent Monday and Tuesday had not been acknowledged or responded to as of Friday morning, and the council had phoned a small, select group of residents, leaving the majority uninformed.
"This is a David versus Goliath fight, displaced families up against City of Newcastle's legal machine," he said.
"We're not asking for special treatment, just the basic respect of being told what's happening to our homes.
"CN's selective updates create confusion, erode trust, and deepen the trauma of an already devastating situation."
A council spokesman said it engaged external legal advisors from "time to time" to advise on a range of matters, including the New Lambton landslip and its legal ability to access private property.
"This also enables City of Newcastle to appropriately respond to legal correspondence from lawyers acting for third parties," he said.
The council spokesman said at least one of the property owners had engaged a lawyer.
"It is logical City of Newcastle would therefore need to similarly engage legal representation to respond to their questions," he said.
Meanwhile, David said he was seeking further information via a freedom of information application to the council.
The council spokesman said in recent weeks, a resident had submitted multiple, detailed letters on behalf of themselves and other residents.
He said the Government Information Public Access (GIPA) application was being considered.
"We are working to address the matters raised; however, the frequency and evolving nature of the resident's recent requests on 4, 5 and 8 August means we are continuing to consolidate our response to ensure it reflects the new letters," he said.
"We communicate with residents in the most appropriate way depending on the circumstances.
"This includes phone calls to arrange property access or to discuss upcoming site investigations to enable works to proceed without delay."
The council spokesman said written updates were provided to all affected residents when there was information relevant to the whole group.
Despite repeated requests, residents say it has been eight weeks since they have had a face-to-face meeting with council representatives.
The NSW Reconstruction Authority handed over recovery efforts to Newcastle council at the end of July, and the council has told victims to plan to live elsewhere into 2026.
Residents say they have given conditional consent for geotechnical investigations to start at their properties next week, on the proviso the council commits to a transparent process and independent oversight.
David said residents wanted to work shoulder-to-shoulder with the council, instead of feeling like they're on opposing sides up against a well-resourced organisation with legal muscle that controls information and decision-making.
"Honestly, it's just tiring, we could be on their side here and we're having to spend all of this time and effort fighting them first," he said.
"On one hand, the council has all the information, all of the access and lawyers that we quite frankly can't afford. I don't have ratepayer money to go engage lawyers.
"On the other hand, literally, you've got residents whose houses are either falling over or have fences around them that the council put there to stop us going in; it's not fair, and I don't even want it to be a fight.
"We feel extremely frustrated, extremely let down."
Residents have demanded immediate written acknowledgement of both letters, a single, consistent written update to all residents and a joint face-to-face meeting between them and the council within two weeks.
The council spokesman said it released information to residents in accordance with privacy, legal and operational requirements, and where appropriate.
"City of Newcastle continues to work directly with all residents impacted by the New Lambton landslip to progress recovery works as quickly and safely as possible," he said.
He said arrangements for geotechnical investigations were progressing, and the council remained in contact with residents to coordinate access.
DISPLACED New Lambton residents say they feel like they're in a "David versus Goliath" fight, up against City of Newcastle's "legal machine".
Residents of 15 properties, one of which has been condemned and continues to crumble, were forced out of their homes on May 23 following a landslip, and have been barred from returning for about 10 weeks.
Now, they say City of Newcastle (CN) has hired a "top-tier Sydney law firm", left emails unacknowledged and is refusing to release property access and work records.
Russell Road resident David, who does not want to be named and has become a spokesman for a number of affected residents, said the council committed in writing on August 1 to provide responses to all residents "at the same time".
On August 1, CN wrote to residents and said, out of respect, it would provide a response to their letter that would be shared with everyone impacted.
Since then, David said two formal resident letters sent Monday and Tuesday had not been acknowledged or responded to as of Friday morning, and the council had phoned a small, select group of residents, leaving the majority uninformed.
"This is a David versus Goliath fight, displaced families up against City of Newcastle's legal machine," he said.
"We're not asking for special treatment, just the basic respect of being told what's happening to our homes.
"CN's selective updates create confusion, erode trust, and deepen the trauma of an already devastating situation."
A council spokesman said it engaged external legal advisors from "time to time" to advise on a range of matters, including the New Lambton landslip and its legal ability to access private property.
"This also enables City of Newcastle to appropriately respond to legal correspondence from lawyers acting for third parties," he said.
The council spokesman said at least one of the property owners had engaged a lawyer.
"It is logical City of Newcastle would therefore need to similarly engage legal representation to respond to their questions," he said.
Meanwhile, David said he was seeking further information via a freedom of information application to the council.
The council spokesman said in recent weeks, a resident had submitted multiple, detailed letters on behalf of themselves and other residents.
He said the Government Information Public Access (GIPA) application was being considered.
"We are working to address the matters raised; however, the frequency and evolving nature of the resident's recent requests on 4, 5 and 8 August means we are continuing to consolidate our response to ensure it reflects the new letters," he said.
"We communicate with residents in the most appropriate way depending on the circumstances.
"This includes phone calls to arrange property access or to discuss upcoming site investigations to enable works to proceed without delay."
The council spokesman said written updates were provided to all affected residents when there was information relevant to the whole group.
Despite repeated requests, residents say it has been eight weeks since they have had a face-to-face meeting with council representatives.
The NSW Reconstruction Authority handed over recovery efforts to Newcastle council at the end of July, and the council has told victims to plan to live elsewhere into 2026.
Residents say they have given conditional consent for geotechnical investigations to start at their properties next week, on the proviso the council commits to a transparent process and independent oversight.
David said residents wanted to work shoulder-to-shoulder with the council, instead of feeling like they're on opposing sides up against a well-resourced organisation with legal muscle that controls information and decision-making.
"Honestly, it's just tiring, we could be on their side here and we're having to spend all of this time and effort fighting them first," he said.
"On one hand, the council has all the information, all of the access and lawyers that we quite frankly can't afford. I don't have ratepayer money to go engage lawyers.
"On the other hand, literally, you've got residents whose houses are either falling over or have fences around them that the council put there to stop us going in; it's not fair, and I don't even want it to be a fight.
"We feel extremely frustrated, extremely let down."
Residents have demanded immediate written acknowledgement of both letters, a single, consistent written update to all residents and a joint face-to-face meeting between them and the council within two weeks.
The council spokesman said it released information to residents in accordance with privacy, legal and operational requirements, and where appropriate.
"City of Newcastle continues to work directly with all residents impacted by the New Lambton landslip to progress recovery works as quickly and safely as possible," he said.
He said arrangements for geotechnical investigations were progressing, and the council remained in contact with residents to coordinate access.