• Expert evidence preferred and accepted in significant Queensland Supreme Court decision

    July 20th, 2018 | by

    Gerard King recently gave evidence on behalf of the plaintiff in relation to claims for delay in the matter of Civil Mining & Construction Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd [2017] QSC 085.  The project related to bulk earthworks performed by CMC at the Wiggins Island Coal Export Terminal.

    The claims by CMC centred around delay resulting from a series of directions issued by WICET which altered the progress and scope of the work under the contract.  WICET counterclaimed for liquidated damages.

    Gerard’s forensic analysis and evidence found CMC’s entitlement to be an extension of time of 208 days.  Justice Flanagan accepted Gerard’s analysis and awarded CMC the entirety of the claimed delay period.  At paragraph 641 of the judgment, his Honour stated, “…I generally gained more assistance from the evidence of Mr King and preferred his evidence”.

    A full copy of the Court’s judgment can be found here (refer in particular to paragraphs 249 and 640 to 767): https://archive.sclqld.org.au/qjudgment/2017/QSC17-085.pdf

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