Brisconnections hangs over Macquarie Bank
Project finance deals, put together by investment bankers to fund toll roads and tunnels in the pre-financial crisis decade, continue to unravel in the courts. Yesterday, engineering advisers Arup, responsible for the serious underestimation of traffic flow in Queensland's Brisconnections road and tunnel project several years ago, won a small victory before the Full Federal Court. The three judges - Justice Middleton, Justice Robertson and Justice Gleeson - dismissed an appeal by Macquarie Bank against a previous Federal Court decision. In that ruling a single Federal Court judge agreed that Macquarie Bank had engaged in misleading and deceptive conduct by representing to Arup that its liability for the project would be bound to a maximum of A$10 million in total.In yesterday's preliminary hearing to assess the viability of an appeal, Macquarie Bank's lawyers tried to argue that Arup should have known the deal with Macquarie did not limit their liability to $10 million, but this was dismissed by the Court.The legal action over allegations of misleading forecasts for traffic volumes has similarities to another lawsuit, launched against consultants Aecom in relation to the collapsed Rivercity group.