Judge says government must be part of West Gate Tunnel legal stoush
The Andrews government could be dragged into a legal stoush between Transurban and the builders contracted to dig the trouble-plagued $6.7 billion West Gate Tunnel.
This is despite the government insisting the dispute is strictly a matter between Transurban and the joint building venture, CPB Contractors and John Holland.
The West Gate Tunnel construction New Street, South Kingsville, late November 2019Credit:Joe Armao
The tolling giant is seeking an injunction in the Supreme Court to stop what they describe as a premature attempt by the builders to start arbitration over delays and cost blowouts on the toll road.
Tunnelling was due to start about nine months ago but has not yet begun due to an impasse over how to process and dispose of soil contaminated with the toxic chemical PFAS.
At this stage, the Supreme Court case involves Transurban and the builders, but Justice Kevin Lyons said at a hearing on Thursday morning the state government must be brought into the case, as they are part of the project's design and construction contract and would be bound by the court's findings.
"Necessary parties need to be joined, they can choose not to participate if they choose not to do so, but they need to be there otherwise they are not bound by the relevant decision of the court," Justice Lyons said.
Michael Roberts, QC, for Transurban, said the tolling company had been corresponding with the state about their involvement in the case and the government indicated they did not want to participate.
"We did provide a copy of the proceeding to the state and we have been corresponding with the state. The state at this stage, does not want to participate."
Mr Roberts said he would go back to the government to seek their involvement.
The tolling company has argued the steps the builders took to resolve its dispute breached the terms of their $5 billion contract.
Court documents reveal Transurban came to the state government on several occasions with compensation claims that had been originally put to the company by the builders but they have been rejected by the state.
The project's builders also allegedly accused Transurban of being dishonest about the extent of PFAS contamination.
Moorabool Shire Council is poised to lodge its response to Planning Minister Richard Wynne on whether Maddingley Brown Coal, a landfill in Bacchus Marsh, should receive tunnelling soil from the project.
The Age understands the shire council will advise that the minister does not have grounds to make a decision on the matter, due to inadequate information provided.
Mr Wynne triggered a clause in the Planning and Environment Act to give the council a say in the planning decision, granting access to 18 technical documents linked to the planning application.
The council was given three weeks to respond but did not receive all documents relating to the application.
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