Construction litigation 

Darwin Correctional Precinct Public Private Partnership

Project Sitzler Baulderstone JV 

  

The Northern Territory Government entered into a Project Deed with Sentinel for the design, construction, finance and maintenance of an 800-bed correctional facility (with capacity for a further 200 beds) including low, low-open, medium and maximum security and remand facilities for males and females. 

  

Sentinel was an unincorporated joint venture comprising CIPL Sentinel Pty Ltd (in its capacity as trustee for the CIPL Sentinel Trust) and BBPI Sentinel Pty Ltd (in its capacity as trustee for BBPI Member Trust). The entities represent the interests of the equity sponsors Commonwealth Investments Pty Ltd (CIPL) and Bilfinger Berger Project Investments Australia (BBPI) respectively. 

  

Acted for major contractor to the entire facility. Commenced adjudication for $5,000,000.00 under NT SOP Construction Contracts (Security of Payments) Act (NT) briefed NT SC Alistair Wyvill SC. 

  

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Arbitration proceedings for Principal caused delay against telecommunication company Digicel (PNG) in Papua New Guinea. 

  

Before 2007, telecommunications in Papua New Guinea - the largest economy in the Pacific region, with a population of 6.7 million - were dominated by the state-owned company, Telikom PNG. The result was fixed-line communications of around just 1% and mobile penetration of less than 5%. 

  

The Asian Development Bank (ADB) and telecommunications company Digicel (PNG) built two mobile base stations in the Alotau district. An ADB $25 million US loan funded the construction of the mobile phone towers, as well as phone towers in other remote locations across Papua New Guinea. 

  

Difficulty arose from security issues affecting the program including killings and theft of solar panels and other key plant. Security was provided by the telco. 

  

Delay and disruption was assessed and quantified by the engagement of Halliant. 

after initial negotiations using time impact analysis (TIA) was used to forecast the possible extent of claim. This method involved the insertion or addition of activities indicating delays or changes in a schedule after the point when delay events occurred. 

  

After the event delay analysis was conducted vis concurrent delay allegations Employer Delay was predicted to reduce to below zero the total float on the activity paths affected by the Employer Delay. 

  

  

Mine wash down facility dispute 

  

A Coal Mine is located in Central Queensland, Australia. The mine has coal reserves amounting to hundred million tonnes of coking coal, one of the largest coal reserves in Asia and the world. The mine has an annual production capacity of millions tonnes of coal.  

  

Engagement was through a world leader in wastewater recycling with operations in Australia, Singapore Europe and Abu Dhabi. They had designed and built a heavy plant wash down facility for the mine wherein the mine staff allegedly recklessly and negligently destroyed the ceramic filter apparatus. Engagement was to advise upon and draft BCIPA proceedings. Claim value was $1.1million. 

 

On the eve of submitting the adjudication application, Wilson J and down her decision in Agripower Australia Ltd v J & D Rigging Pty Ltd[2013] QSC 164 Effectively deciding that the security of payment act did not apply to construction work on mining sites. 

 

Having been deprived of the security of payment act, I devised a strategy to work with my client to forensically gather evidence. That the mines staff had sabotaged the heavy plant wash down facility ceramic filter core.  

 

Injunctive relief was drafted and threatened concerning misleading and deceptive conduct, I threatened to close down the mines operations, and negotiations on sued leading to a commercial settlement for the client. 

 

This course of action could not have been achieved without meticulously gathered evidence and use of forensics expert’s. I pride myself on using foremost industry experts in an array of fields to assist my strategic implementation of the law.           

 

 

Coal Mine dispute 

  

Concerning another coal mine located in Central Queensland, Australia. The mine has coal reserves amounting to hundreds of million tonnes of coking coal, and is one of the largest coal reserves in Australia and the world.  

  

Engagement was through a civil contractor for a waste water plant. The Brief was to advise in respect of restraining access to an unconditional financial guarantee in respect of an injunction to restrain access. Fraud and misleading and deceptive conduct was alleged and maintained, leading to the claim to security being abandoned. 

 

I utilised forensically gathered evidence to mount a case against the mine.  

 

Advice was given to suspend the contract under the Security of Payment Act, did you think that the mine would be in breach of the Environmental Protection Act and various other legislation and Knowing that the mine would then purport to terminate for repudiation and take control of the work under contract, I prepared proceedings for urgent injunctive relief threatening to shut down the mine's operations.  

 

Forcing the mine to the table for negotiations I was able to secure a commercial settlement for my client without needing to proceed to court.