The Court of Appeal has reserved its judgement in the long-running battle between Port Macquarie-Hastings Council and the road construction company Mid Coast Road Services.
Council appealed the Supreme Court of NSW decision made in December which found in favour of the Wauchope-based company.
It is believed damages and costs awarded were around $750,000.
The court case and long-running battle revolved around MCRS’s supply, delivery and laying of asphalt at works on Ocean Drive in 2012.
At the conclusion of the Supreme Court of NSW hearing, Justice Hall said council erred in its contention that MCRS was in breach of the tender agreement in relation to in situ voids in the asphalt laid in the 2012 Lake Cathie works.
“Accordingly, I am satisfied that there is no basis for a finding of a breach of an express or implied term of the 2011 Agreement by the plaintiff. I am in particular satisfied that MCRS complied with its contractual obligations with respect to the 2012 Ocean Drive works,” he said.
In January council lodged a Notice of Intention to Appeal which was required 28 days from the handing down of the original December judgement.
The appeal was heard in the Court of Appeal on March 1. Judgement has been reserved, with no date allocated for judgement.
The outcome of the appeal will be handed down when the bench has finalised its decision.
The appeal was heard before Justices Beazley, Payne and Simpson.