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Legislative Assembly for the ACT: 1996 Week 12 Hansard (21 November) . . Page.. 4144 ..


MINISTER FOR URBAN SERVICES

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NO. 326

ACTTAB - Contract with VITAB Ltd

Mr Osborne - asked the Minister for Business Employment and Tourism - In relation to ACTTAB and its former relationship with VITAB:

1. How much, including legal costs and other associates expenses, did the ACT Government pay out to VITAB on behalf of ACTTAB in 1994.

2. Which legal firm acted on behalf of the ACTTAB board in relation to the drafting of Heads of Agreement dated 22 October 1993, between VITAB and ACTTAB.

3. Has ACTTAB or the Minister investigated whether or not the Heads of Agreement document was flawed and if so have either instigated action for negligence against ACTTAB's former solicitors.

Mr De Domenico -the answer to the Member's question is as follows:

1. ACTTAB made the following payments:

Legal and associated costs paid in 1993-94 $79 427

VITAB contract termination costs $3 300 000

Total $3 379 427

Additional legal and associated costs paid in 1994-95 $15 709

2. Macphillamy Cummins Gibson (now part of Deacons, Graham and James).

3. ACTTAB sought independent legal advice from Sydney solicitors Freehill Hollingdale and Page in February 1995 as to whether it would have any claim against Macphillamy Cummins and Gibson, in relation to the agreement it entered with VITAB on 22 October 1993. Freehill Hollingdale and Page concluded "that ACTTAB would not be able to establish a cause of action against Macphillamy Cummins and Gibson giving rise to a right to recover damages".


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