Hotel appeal result a double whammy in tough times for Halikos

Darwin property developer and hospitality giant Halikos has had another setback in the courts, losing its Supreme Court appeal against oil and gas giant Inpex, after a years-long battle to claim damages over what the company alleged was a broken agreement.

• ‘Critical email’ key to establishing deal between Inpex and Halikos: Court
• NT Property developer Halikos takes its case against Inpex to the Court of Appeal
• Former Chief Minister Adam Giles wanted to avoid Halikos, Inpex war, NT Supreme Court hears
• Northern Territory firm Halikos loses epic court case against oil and gas giant Inpex

DARWIN property developer and hospitality giant Halikos has had another setback in the courts, losing its Supreme Court appeal against oil and gas giant Inpex, after a years-long battle to claim damages over what the company alleged was a broken agreement.

Managing director Shane Dignan said the company was extremely disappointed with the decision.

“Coupled with what is happening at the moment with COVID-19 it has meant that some hospitality employees have been stood down,” Mr Dignan said.

“This decision has taken years to get to and we feel that justice has not been served as we always acted in good faith during all our dealings with Inpex.

“Employees have been stood down until we receive further clarification from Government as to when we can commence operations in our hospitality division again.

“We are a proud local company employing more than 300 Territorians in excess of 30 years now.

“Our main priority is keeping our team and community safe and we will try to limit stand-downs as much as possible through this tough time.”

MORE TOP STORIES

More details of NT Government’s $50m business survival fund revealed

Santos delays final investment decision on $4.7 billion Barossa Project

Mindil Beach Casino, Darwin pubs and cafes shut doors as closures come into force

The Inpex court case first went to trial in 2017 on the basis that Halikos built the H105 Hotel on Mitchell St following a purported handshake agreement Inpex would house workers there for a 15-year period.

However, there was never any contract signed and Inpex denied that it made the alleged promises or representations that form the basis of Halikos’ other claims.

Justice Judith Kelly ruled against Halikos’ multimillion-dollar claim in August 2018, saying she did not accept the statements that Halikos only went ahead with the development of H105 if it received some precommitment from Inpex.

The company appealed the decision, one of the grounds for which they said was the 21-month delay between the end of the evidence and Justice Kelly’s decision.

However, the Court of Appeal upheld Justice Kelly’s decision on Friday, saying the delay was “by itself, not sufficient to provide a ground of appeal”.

“In a case such as this there will inevitably be delay between the completion of evidence and submissions and the delivery of reasons for decision,” Justices Southwood, Hiley and Riley said.

“This was a factually complex civil trial proceeding over a number of weeks and involving the consideration of voluminous documentary evidence.”