Decade-long flood dam­age case in court

Albany Advertiser - - NEWS - Tim Ed­munds

The City and its in­surer have en­deav­oured to reach a suit­able out­come. Michael Cole

A decade-long le­gal bat­tle be­tween an Al­bany woman and the City of Al­bany over a flood­ing dis­pute will con­tinue in the WA Supreme Court next week.

Cather­ine Ziverts launched civil ac­tion against the City af­ter her prop­erty suf­fered se­vere flood­ing dam­age, which be­gan in 2007 and which she claimed was be­cause of faulty drainage and the re­sult­ing flood­ing of Yakamia Creek.

The mat­ter is set for an­other hear­ing next Tues­day.

City of Al­bany act­ing chief ex­ec­u­tive Michael Cole said in a state­ment the City could not com­ment on the cur­rent sta­tus of the court pro­ceed­ings.

“Ul­ti­mately this is a mat­ter for the le­gal process to de­ter­mine, how­ever the City re­mains com­mit­ted to reach­ing an agree­ment,” he said.

“Fol­low­ing a num­ber of at­tempts to set­tle the mat­ter, the is­sue is still sub­ject to le­gal pro­ceed­ings and at this point in time the City is not able to com­ment fur­ther on the sta­tus.”

Ms Ziverts faced bank­ruptcy af­ter her home in Den­mark was re­pos­sessed in 2015.

She was un­able to sell the Beau­fort Road prop­erty de­spite in­ter­est from po­ten­tial buy­ers be­cause the flood­ing had not been reme­died.

Mr Cole said the sec­tion of drainage in ques­tion on the prop­erty had not been fixed.

“The City and its in­surer have en­deav­oured to reach a suit­able out­come which would have al­lowed the City to ad­dress the drainage is­sue, but at this stage agree­ment has not been reached on a way for­ward,” he said.

Ms Ziverts de­clined to com­ment.

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