A matter concerning delayed construction of works for a coal export terminal. The Court considered whether the contract prescribed specific rates to be applied in determining the value of the delay costs of the contractor, whether evidence tendered at trial was properly admitted and relied on by the trial judge to determine the extent of a delay, whether a contractual provision permitting the contractor to recover costs required proof of costs actually incurred, and whether interest should be paid from the time when a claim was first submitted to the principal under the contract, or from when the final form of the claim was articulated in pleadings.
Shane Doyle QC and Stewart Webster appeared for the appellant/respondent, instructed by Thomson Geer.
James Green (with D A Kelly QC) appeared for the respondent/appellant, instructed by Corrs Chambers Westgarth.
The full judgment can be read here.
