| Subject: Re: AFR court date has now changed to 18/2/2002 |
Author:
Steve Bonkers.
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Date Posted: 06:24:16 01/30/02 Wed
In reply to:
Steve Bonkers.
's message, "Re: Facts, fundamentals, forward analysis.writedown of ITS should ERG not win Sydney." on 01:53:46 01/30/02 Wed
"The Carr Government's bid to secure a $100 million plus ticketing contract for Sydney's public transport system was bogged down further on Tuesday after a NSW Supreme Court judge set a provisional hearing date later than the date when the preferred tenderer's offer expires.
Justice Michael Adams set the matter down for hearing on February 18. The offer of the preferred tenderer - a consortium called Integrated Transit Solutions and including smartcard player ERG and Motorola - expires three days earlier, on February 15.
The NSW Government has been accused by unsuccessful tenderer Cubic Transportation Systems of improperly interfering in the tender process. As a result, Justice David Kirby earlier this month ordered an interlocutory injunction that prevented the Government from entering into a contract for the ticketing system with Integrated Transit Solutions.
The Government's representative, Dr John Griffiths SC, said that whether Integrated Transit Solutions would extend its contractual obligation was a matter for it, and not the NSW Government. A spokesman for ERG declined to comment on whether Integrated Transit Solutions' tender pricing would be valid after February 15.
Dr Griffiths also said that following Justice Harold Sperling's orders on January 14, that the final hearing date for the matter be expedited, his solicitors had been "working through the night" and would be ready for a final hearing this Monday.
However, Mr Garry Downes QC, Cubic's representative, told Justice Adams that as he had seen only one or two of the some 40 affidavits filed by the Government he would have a problem with a very early hearing date. "I would dearly like to say we'd be ready tomorrow but it's a case of some complexity ... " he said.
Mr Downes added he had also yet to read more than 17,000 documents produced during discovery.
But Clayton Utz partner Mr Steven Klimt, acting for the NSW Government, later said that there were in fact only 6,000 documents comprising 17,000 pages."
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