People with loved ones buried at the Old Noarlunga cemetery will have greater certainty following the resolution of the Supreme Court proceedings, which have determined that interment rights were unaffected by the sale of the cemetery.
The court found that all remains currently interred at the cemetery have a right to remain there.
The Attorney-General and Commissioner for Consumer Affairs took action against the cemetery's new operators after the cemetery was sold, and the new owners told families that they would need to pay additional fees if they wanted their loved ones to remain buried there or if they wished to be buried there in the future.
The Court found that The Old Noarlunga Cemetery Pty Ltd made several false and misleading representations to consumers about the need to pay additional fees and had engaged in misleading and deceptive conduct.
The Court declared that by engaging in that conduct and by allowing interment rights to be surrendered without repaying five consumers their full refund, the company had engaged in unconscionable conduct.
The Court ordered compensation to affected consumers for a total of just over $30,000.
As put by Kyam Maher
When you enter into an agreement with a cemetery to bury your loved ones, you expect that agreement to be honoured – even if the land or cemetery is sold.
It's a relief to see this matter finally settled, and for the court to award compensation to those consumers affected by this misconduct.
This has been a complex, long-running, and emotionally-charged dispute and I'd like to thank the dedicated staff within CBS and the Crown Solicitor's Office for their work in pursuing and resolving this matter.
As put by Andrea Michaels
This has been an extremely difficult time for these families and I'm glad that the government was able to help get a resolution for them.
These people should never have been put in a position to be deceived by a business that was entrusted with the task of managing their loved ones' final resting place, regardless of any sale.
I hope this outcome provides much-needed closure to those individuals affected by this outrageous behaviour.
As put by Chris Picton, Member for Kaurna
I have had the honour of meeting a number of the affected families and raising these issues on their behalf over the past four years. It has been a very difficult time for them and hopefully this outcome will provide them with comfort and a conclusion to this stressful ordeal.
The St Philip and St James Church is a stunning regional landmark steeped in history over the past 175 years. This court ruling helps to preserve that history into the future.
