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Up to 300 people have joined a lawsuit claiming the construction of Sydney's light rail project was a "train wreck" which "decimated" local businesses, a court has heard.
- Retailers and residents claim the project caused "unreasonable interference"
- Work began in 2015 but wasn't completed until 2020
- They claim disruptions to life and business went beyond what was "normal"
A group of retailers and residents allege they suffered "unreasonable interference" from the works between the CBD, Randwick and Kingsford, and are suing Transport for NSW in a class action.
The court heard that about 300 people had joined the class action but thousands more were still eligible to join.
Their barrister, Tony Bannon SC, told the NSW Supreme Court the project was "a train wreck that would be predicted a mile away".
He said businesses were "decimated" due to "the overstay of the project" with inadequate mitigation attempts by the state government.
"It's inconceivable the state would choose to block the roads for three years," Mr Bannon said.
The group's claim alleges that the construction was a "nuisance" that caused "substantial and unreasonable interference" resulting in economic loss and psychological suffering.
While Mr Bannon told the court Transport for NSW would deny any interference occurred, counsel for the government is yet to respond or give their opening statements.
Mr Bannon told the court on Monday that businesses in several zones were advised the construction would last months.
After work began in 2015, completion deadlines were repeatedly extended — with the final section of the network opening in April 2020.
This, he claimed, alongside the impact of dust and noise, forbid businesses from enjoying the "location," "visibility" and "parking" that was an expectation of these locations.
"Instead, they had three years of a construction zone," Mr Bannon stated.
Financial documents from luxury handbag store, Hunt Leather, were shown to the court.
The business, based in the Strand Arcade, experienced a "dramatic downtown" in average monthly sales when the construction began, Mr Bannon said.
"They went from $400,00 to mid-2015, to $100,00 the next year... in approximate terms?" Justice Richard Cavanagh asked.
"Yes," Mr Bannon responded.
"When construction commenced the whole baseline shifted downwards."
Outside court, an emotional Angela Vithoulkas addressed the media on what she described as a "horrible day".
She said she represented one of the "hundreds" whose business closed down, with her forced to question "how we were going to keep a roof over the heads of our families, and food on the table".
"There are hundreds of members of the class, but there are thousands of people eligible to be part of the class, who are welcome to join any time and make the state government... pay for what they have done," she said.
Mr Bannon indicated he would object to any potential argument that the "interference" associated with the light rail was for "public benefit".
"This doesn't fall into the category of building next door," he said, arguing the duration exceeded what was "normal" or "reasonable".
The hearing was adjourned with the state government expected to deliver its opening statement on Tuesday.
The government has already been in court over this project, when construction company Acciona successfully sued the state for misleading or deceptive conduct in 2018.
Acciona sought compensation over issues relating to the cost of digging up and replacing Ausgrid powerlines for the project.
The payout took the project's total cost to more than $3 billion — almost double the original price tag predicted by then-transport minister Gladys Berejiklian in 2012.