BAULDERSTONE HORNIBROOK PTY LTD V QANTAS AIRWAYS LTD  FCA 174
Federal Court of Australia – 11 March 2003
Qantas Airways Ltd (“Qantas”) entered into a contract with Baulderstone Hornibrook Pty Ltd (“BHPL”) for the building project known as the Domestic Infrastructure Terminal Development at a price of $52.6 million. The works involved theextension of Domestic Terminal 3 at Melbourne Airport including the construction of an extension to the existing terminal building; the construction of a new valet car park and the construction of a new concourse.
BHPL claimed that from the time of commencement of work it encountered a series of difficulties in obtaining sufficient access to carry out its works, resulting in the project being delayed and the works substantially disrupted. BHPL claimed that it was entitled to rely on the dates in the construction program which was approved by the Superintendent. Qantas contended that the program was a statement of intention and made vigorous attempts to ensure that BHPL’s extensions of time were not granted by the Superintendent.
BHPL claimed damages for breach of an implied term of the contract that Qantas improperly interfered with the Superintendent’s duty to act impartially and independently by failing to certify the proper amount due for delay and disruption damages.
Superintendent’s duty to act impartially.