WICET costs appeal digs up the past over $4m payout
THE six-year legal stoush over delays at the Wiggins Island Coal Export Terminal is back in court.
An appeal relating to more than $4 million awarded against WICET to contractor Civil Mining and Construction has started in Brisbane.
CMC took WICET to the Supreme Court earlier this year, seeking a payout of $14.5 million for costs incurred because of "unnecessary delays and disruptions" while it was undertaking works for the Gladstone Terminal.
The works took 208 days longer than planned and CMC successfully proved the delays ate into its profits across four projects including the bulk earthworks of the Reclamation C Bunds.
Justice Peter Flanagan in June agreed there were some costs to pay but he stopped well short of the $14.5million CMC wanted.
He ordered WICET to pay $4.086 million and a short time down the track CMC asked the court to consider more evidence.
The case was re-opened but WICET disagreed with the move and has asked the Court of Appeal to intervene.
Barrister Declan Kelly for WICET told the court on Wednesday the way experts calculated costs were already dealt with at the original trial and there was no need for Justice Flanagan to revisit the issue.
He said if the move was allowed he expected his client to put forward more expert evidence related to the way costs were calculated.
"This case is a long case over seven years," Mr Kelly said.
"If there was an application to reopen this case, on that application itself my client would be entitled to put on expert evidence as to what was (costs evidence) credible."
The appeal continues. - NewsRegional