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🇦🇺 Australia /Crime & Justice

Family sues SA racing club over 'enormous' hidden rubbish pit

From ABC Australia · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Named sources In the courts
  • A South Australian family is suing the Mount Gambier Racing Club for $114,000 over a hidden rubbish pit discovered on land they purchased for a new home.
  • The Malthouse family claims the club used the pit as a dumping ground for waste including veterinary syringes and concrete between 2003 and 2013, then covered it up.
  • The racing club denies liability and has yet to file a defense, while the family seeks compensation for waste removal, disposal, and soil remediation.

A legal battle is unfolding in South Australia's Environment, Resources and Development Court, pitting a family against the Mount Gambier Racing Club over a significant rubbish pit discovered on newly purchased land. Jacob and Kylie Malthouse bought the property overlooking the racecourse in 2024, intending to build a home as part of a subdivision.

Their plans were disrupted in January 2025 when earthworks revealed a large, concealed rubbish pit. The Malthouses' court claim alleges the Mount Gambier Racing Club excavated the pit between 2003 and 2013, initially for sand or loam, but then used it as a dumping site for various waste materials. This included veterinary syringes, horseshoes, domestic refuse, tree stumps, and concrete, which was allegedly covered around 2013.

On the first blow, they [the home builders] found rubbish and we thought, 'Oh that's okay, we'll just see what happens.'

— Mr MalthouseDescribing the moment the rubbish pit was discovered during earthworks on their property.

"On the first blow, they [the home builders] found rubbish and we thought, 'Oh that's okay, we'll just see what happens,'" Mr Malthouse recounted. He described the pit as "enormous," measuring 4.9 meters deep, resembling a "tip site" with temporary fencing that drew complaints from neighbors.

It was enormous. It was 4.9 metres deep and you couldn't even see the excavator in the ground.

— Mr MalthouseDetailing the scale of the discovered rubbish pit.

The family is seeking approximately $114,000 in compensation. This amount covers the costs of waste removal, disposal, soil remediation, and compensation for the time spent cleaning the site. Some waste was removed between January and March 2025 to allow for construction, with the club's consent, and is currently stockpiled on its land. Alternatively, the Malthouses are seeking over $66,000 plus the removal of the stockpiled waste.

The claim further alleges the club contravened the Environment Protection Act by operating the pit as an unlicensed landfill, causing environmental harm. The racing club, however, has rejected the claim, having previously offered $10,000 for remediation but later retracting the offer and denying liability. The club has not yet filed a formal defense.

It looked like a tip site; it had temporary fencing, we had the neighbours complaining, we had the poor farmers over the back.

— Mr MalthouseDescribing the appearance and impact of the uncovered rubbish pit.
DistantNews Editorial

Originally published by ABC Australia in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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