People with loved ones buried at the Old Noarlunga cemetery will have greater certainty following resolution of 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 cemetery is next to the historic church of St Philip and St James, on Church Hill Road, overlooking Old Noarlunga village. The earliest grave is dated 1852.

In 2020 the property was sold by the Anglican church and the new owners attempted to impose additional fees on existing and future burials.

The Attorney-General and Commissioner for Consumer Affairs took action against the cemetery’s new operators.

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.

Chris Picton, MP for Kaurna says he has met a number of the affected families and has 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.