More than 100 people are part of a class action against the operator of a recycling plant which caught fire and choked their neighbourhood with toxic smoke and ash.
The class action was filed in the Victorian Supreme Court on Friday against SKM, which runs the Coolaroo Recycling Plant in Melbourne's north.
Fire engulfed the facility on July 13, burning strongly for several days as it billowed toxic smoke into the sky and sprinkled ash across the city.
Crews are still pulling apart smouldering piles of debris and don't expect to extinguish the fire completely until next week.
It is the third fire at the plant in 2017, after blazes in February and June.
News that makes sense
Your trusted source for staying up-to-date with the world around you. Get free daily news updates and analysis, straight to your inbox.
Residents claim SKM was negligent because it knew there was a fire risk and should have done more to protect the nearby Coolaroo and Dallas neighbourhoods.
"SKM stored highly flammable waste at the plant, was aware such waste could ignite and cause a fire, and was aware there had been two fires ... in the previous five months," the writ said.
"SKM owed the group members a duty to take reasonable care to prevent a fire starting at the plant, and prevent the emissions from any such fire spreading to the affected area."
The group said the company should have installed an appropriate fire suppressing system, separated their waste better and done more to control fire emissions.
Castor Murillo was forced to leave his home at suburban Dallas for five nights and required chest x-rays and medication after the smoke inhalation.
He and others had to fork out time and money to clean the smoke and toxins from their homes, the writ says.
They are seeking damages for these expenses and the nuisance the fire caused, as well as legal costs, but there has not been a value placed on the action.
