Civil Mining & Construction Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd

Civil Mining & Construction Pty Ltd brought an action against Wiggins Island Coal Export Terminal Pty Ltd in relation to a bulk earthworks contract for construction works. The case involved issues of variations to the contract, delays, and overpayments made to Civil Mining & Construction Pty Ltd. The court was required to decide whether Civil Mining & Construction Pty Ltd was overpaid as a result of the variations and delays and whether Wiggins Island Coal Export Terminal Pty Ltd was entitled to claw back any amounts already paid under the contract.

The court found that Civil Mining & Construction Pty Ltd was overpaid as a result of variations and delays to the contract works. The court held that Wiggins Island Coal Export Terminal Pty Ltd was entitled to recover amounts that had been paid to Civil Mining & Construction Pty Ltd in excess of what was due under the contract. The court also found that Wiggins Island Coal Export Terminal Pty Ltd was not entitled to recover amounts that had been the subject of statutory adjudication. The court held that the final certificate issued under the contract was binding and that Civil Mining & Construction Pty Ltd was not overpaid as a result of amounts re-valued in the final certificate.

The court ordered that Wiggins Island Coal Export Terminal Pty Ltd was entitled to recover $12,269,507.88 from Civil Mining & Construction Pty Ltd. The court also ordered that Wiggins Island Coal Export Terminal Pty Ltd was not entitled to recover any amounts that had been the subject of statutory adjudication. The court further ordered that the parties were to be heard further as to final orders and further directions including in respect of the quantification of the delay claim, the bank guarantee, the quantification of the final certificate, and interests and costs.