FACTS
Alphington Developments Pty Ltd (Glenvill) purchased a former industrial site from Amcor under a contract requiring Glenvill to undertake demolition and remediation works, with Amcor to fund the remediation of “Unidentified Contamination”. The contract provided detailed mechanisms for notification, expert determination, and certification of costs.
Following extensive discovery of asbestos contamination, Glenvill issued several “UC Notices” seeking reimbursement. Amcor objected to many of the notices. Despite informal agreement to proceed with remediation before expert determination, the trial judge found Glenvill’s notices “invalid” and held that the contract’s certification mechanism remained essential. Glenvill’s claims were dismissed at first instance.
ISSUE
Were Glenvill’s notices sufficient to trigger Amcor’s payment obligations under the contract, and had the contractual machinery failed such that the Court could step in?
FINDING…
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