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HomeIndyMan wins compo claim after 12 sewage floods

Man wins compo claim after 12 sewage floods

Peter Farago
Barwon Water has copped a $6000 fine after a tribunal heard raw sewage had flooded an Anglesea residential property 12 times.
Victorian Civil and Administrative Tribunal heard two of the sewage floods had fouled the interior of the house in Butterworth Crescent, with the remaining spills soiling the yard.
The tribunal ordered $5943 compensation for Chris Wade after ruling that Barwon Water had “failed to take reasonable care to control the flow of sewage” from a sewer in April, 2005.
Mr Wade told the tribunal a neighbour had phoned him to report the sewer flooding his driveway and backyard.
Mr Wade had purchased the property in 2004 as a holiday home.
Brother-in-law Paul Thomas told the tribunal he saw sewage throughout the interior of the house, which had a “very strong, repugnant smell”.
Mr Thomas said sewage had flowed out of a shower and toilet and flooded a bath, leaving a ring about 75mm above the bottom.
Pieces of excrement and scraps of toilet paper were on walls and carpets, he said.
The tribunal rejected a Barwon Water assertion that a gully trap higher than the level of the floor was responsible for the flooding.
Plumbing consultant Robert Quick told the tribunal Barwon Water maintenance records revealed the sewer had blocked and required tree-root cutting 12 times over the 26 years.
He said blockages were more common during school holidays. April 20, 2005 was during school holidays.
Barwon Water had since installed a non-return valve on the property’s sewerage connection to prevent further inundation, the tribunal heard.

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