Buddina unit developer, builder in Supreme Court stoush
The developer behind a controversial waterfront project on the Sunshine Coast is back in court over a multimillion-dollar stoush with a major building company.
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The developer behind a highly controversial waterfront project has copped a blow in court after failing to convince the judge a major building company owed nearly $2m due to delays.
The developer of the waterfront Buddina unit block, Pacific Diamond 88 Pty Ltd, brought the application for an appeal in the Supreme Court of Queensland on March 10, 2025.
The court documents show Pacific Diamond 88 sought to appeal an earlier court decision which found they were unable to “set off” money they owed to building company, Tomkins Commercial and Industrial Builders Pty Ltd, with “liquidated damages” they claimed were incurred due to delays in construction.
The developer had entered into a $55m contract with Tomkins to complete the seven-storey residential 73-apartment project, The Beachfront Buddina.
Pacific Diamond 88 took the plans for the development to the Planning and Environment Court regarding building conditions imposed by the Sunshine Coast Council to protect nesting turtles.
The developer argued about $2.6m was owed to them by Tomkins due to a 104-day deadline blowout with the construction, according to the court documents.
This was interpreted by the developer as part of the contract they had with Tomkins.
The company further claimed the money they owed to Tomkins, about $694,343, should be “set off” against the $2.6m to leave a debt of about $1.9m.
Following the initial court decision, which found the construction contract did not support the developer’s claims, Pacific Diamond 88 was ordered to pay $694,343 to Tomkins.
Ultimately, Supreme Court judge John Bond ordered the application for the appeal be dismissed, finding the original decision made no errors.
Tomkins and Pacific Diamond 88 were both contacted by this publication for comment.
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Originally published as Buddina unit developer, builder in Supreme Court stoush
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