Infrastructure NSW continues to defend claims by Grocon in relation to Central Barangaroo.
The Central Barangaroo development agreement with Grocon provided for a range of design, planning and development outcomes, which were expressly subject to negotiations with Lendlease and Crown Resorts in relation to the sight lines from Barangaroo South across Central Barangaroo, to the Harbour Bridge and Opera House.
Infrastructure NSW’s position remains that NSW government executives involved in negotiations with Grocon (including former executives of the Barangaroo Delivery Authority) conducted themselves appropriately at all times.
Grocon’s claims relate to the Central Barangaroo development and (amongst other matters) what Grocon alleges to have been misleading or deceptive conduct by employees of the former Barangaroo Delivery Authority (now Infrastructure NSW) in their dealings with Grocon.
In August 2020, in the context of a security for costs application, Grocon attempted to demonstrate that Infrastructure NSW was the cause of Grocon’s financial difficulties. Amongst other matters, Henry J found that:
“I am not persuaded that Grocon has established that Infrastructure NSW’s conduct has materially contributed to the impecuniosity of Grocon” (paragraph 108).
Her Honour also noted the existence of Grocon liabilities which were unrelated to Central Barangaroo (paragraphs 100 – 101).
The findings were made in the context of an interlocutory application and do not finally determine Grocon’s claims. Nevertheless, the findings are consistent with Infrastructure NSW’s views.
The litigation is on course to proceed through evidence (including expert evidence) and discovery. The final hearing will occur in accordance with a timetable to be set by the Court.