Acted as Defendant’s counsel on the nine digit claim brought by NSW Government in relation to the failed public transport eticketing project known as T-card. The Defence raised the doctrines of prevention, acquiescence and affirmation as well as allegations of improper purpose and breach of an implied obligation of good faith. The Defendant successfully challenged the NSW Government’s claims to public interest immunity, and in a landmark judgment relating to Crown Immunity in the context of commercial contracts, the Court of Appeal gave the Defendant access to the Cabinet Minutes relating to the decision to terminate the Contract. Thereafter the proceedings settled for a small sum ahead of a hearing set down for 20 weeks.
