Adani was 'oppressed' in fight over Abbot Point upgrade

Abbot Point Coal Terminal.
Abbot Point Coal Terminal. Cas Garvey

CONSTRUCTION company John Holland's legal action against mining giant Adani was "oppressive”.

Brisbane Supreme Court on Monday ordered John Holland must pay Adani's legal costs as its behaviour was overly complicated.

In December 2016 the court ruled in Adani's favour after John Holland claimed the mining company had not extended construction completion rates to allow for weather and other difficulties the company faced.

More than one year later Brisbane Supreme Court ruled John Holland must pay Adani's costs.

Justice David Jackson found John Holland had acted in a manner that was "legally oppressive”.

He said a case can be considered oppressive to one party when the other uses "unnecessary or unwinnable contentions, or unreasonable factual assertions, that combine to cause excessive expense and delay for the other party, and a disproportionate burden on the public resources of the court”.

Justice Jackson said John Holland's submissions were needlessly complicated and included 2000 pages of affidavit material.

"In my view there were many items of detail that were unnecessary for the points to be decided on an application for leave that either might have been omitted or might have been much simplified,” he said. -NewsRegional

Topics:  abbot point coal terminal adani adani carmichael coal mine coal costs john holland group supreme court

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