A dispute over an allegedly toxic environment in a Wembley house built by Ventura Homes has escalated to the Supreme Court of Western Australia.
A dispute over an allegedly toxic environment in a Wembley house built by Ventura Homes has escalated to the Supreme Court of Western Australia.
Jukes Way resident Robyn Cairnes has lodged a writ in the state's Supreme Court this week, naming Ventura Home Group as the defendant.
Ms Cairnes alleged in the writ that she and her children became ill with various unexplained symptoms including skin rashes, respiratory problems, headaches, dry coughs, fatigue and joint pain since moving into a Ventura-built house in mid-2016.
In the writ, she claimed damages for personal injuries suffered from the Ventura’s alleged breach of building codes and exposure to a toxic environment.
In May 2020, Ventura merged with BGC Housing Group and has since traded under the BGC Australia banner.
A BGC Housing Group spokesperson confirmed it has assumed responsibility for the matter after the merger.
The spokesperson said the matter was also ongoing in the State Administrative Tribunal.
“Ms Cairnes’ initial complaints were reviewed by BGC Housing Group, the Building Commission and then the SAT which instructed that some relatively minor remediation work should be carried out on the property,” the BGC spokesperson told Business News.
“BGC Housing Group undertook the work in full. Evidence of the remediation work being completed in full was provided to the State Administrative Tribunal.
“Subsequent to this, Ms Cairnes’ has since made further complaints that are being dealt with by way of the State Administrative Tribunal process.
“Should the State Administrative Tribunal believe there is any merit to the claim, naturally we will undertake this work.
“There are a number of contentions put forward by Ms Cairnes’ that BGC Housing Group is firmly of the view have no merit.”
In the writ, Ms Cairnes claimed the house was negligently constructed by Ventura, resulting in many defects which exposed the interior to mould growth and wet soil.
She claimed the wet soil produced various toxins, penicullium, Cladosporium, and yeast fungi.
Ms Cairnes also claimed in the writ that she was advised to vacate the house by a physician in 2020, who also advised her that the symptoms were caused by the allegedly toxic environment.
Ms Cairnes and her children claimed they continued to suffer from chronic illnesses because of the exposure, according to the writ.
