Recent Cases

MP Water Pty Ltd in its capacity as Trustee for the MP Water Trust v Veolia Australia Pty Ltd [2022] NSWCA 127 (21 July 2022) (Ward P, Macfarlan and Mitchelmore JJA)


Catchwords:


CONTRACTS – construction – contract for the provision of services in relation to water treatment facility – “step-in” clause requiring subcontractor to “assist” principal contractor – whether clause authorises the principal to direct the subcontractor to operate the facility and provide the services and requires subcontractor to comply with such direction – whether “Facility” as defined in the contract had come into existence as a condition to the exercise of step-in rights