In a recent development, the NSW Supreme Court dismissed Lake Macquarie City Council’s request to broaden a damages claim related to alleged road base defects across the region. The council sought to extend the claim to cover potential costs amounting to $128 million for removing and replacing the problematic road material.
The issue came to light back in 2014 when concerns were raised about expanding roads causing various damages like speed humps, lifting median strips, and driveway disruptions. Following multiple resident complaints, the council initiated legal action, targeting the supplier of the contentious road material.
Despite efforts to expand the claim against the supplier, the court ruled against the council’s late application, stating that such a significant alteration to the case at this stage would impose undue burden and complexity on the involved parties. While the council was granted some leeway to align its claim with presented evidence, the broader expansion was denied.
The legal battle and ongoing efforts to rectify the road defects have already incurred substantial costs, with repairs for numerous road sections in Lake Macquarie exceeding $3.8 million. The case is set for further hearings and is scheduled for determination later this year.
The rejection of the council’s bid underscores the complexities and challenges involved in addressing infrastructure issues like those encountered in Lake Macquarie, emphasizing the importance of thorough oversight and accountability in public projects. As the legal proceedings continue, the community awaits a resolution to this longstanding dispute over road quality in the region.
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