Cookie consent

This website uses cookies to collect information about how you use this website. Atkin Chambers uses this information to make the website work as well as possible and improve the services provided by members and staff. You may choose to accept all cookies or chose to manage your cookie settings here:

Cookies on atkinchambers.com

Cookies are files saved on your phone, tablet or computer when you visit a website.

Atkin Chambers uses this information to make the website work as well as possible and improve the services provided by members and staff. You may choose to accept all cookies or chose to manage your cookie settings here:

Cookie settings

Atkin Chambers Limited use two types of cookie files, analytical cookies and necessary cookies. You can choose which cookies you are happy for us to use.

Analytical cookies that measure website use

Atkin Chambers Limited use Google Analytics to measure how you use the website so it can be improved based on user needs. Atkin Chambers do not allow Google to use or share the data about how you use this site.

Google Analytics sets cookies that store anonymised information about:

  • how you got to the site
  • the pages you visit on atkinchambers.com, and how long you spend on each page
  • what you click on while you’re visiting the site

Strictly necessary cookies

These essential cookies do things like remember your progress through a form (for example if you register for updates). They always need to be on.

Save changes

Manus McMullan QC in recent Gorgon project win

19th May 2021

Gorgon is one of the world’s largest LNG projects, and the largest single resource project in Australia’s history. Manus McMullan QC was instructed by Owner who faced a claim originally put at approximately AU$ 2bn (including interest) from the contractor responsible for the design and build of the Jetty at the project.

The overall claim was made up of hundreds of smaller claims concerning issues such as marine vessel inspections, quarantine procedures, environmental requirements, caisson design and the effect of winds, waves and cyclones on progress. A modified total cost claim was also made.

After two evidential hearings, both lasting three weeks, Owner obtained a declaration that related proceedings in the US should not have been instigated and an injunction.  Owner was successful in defeating more than 95% of the overall claim value. After offsetting amounts awarded to Owner, Contractor recovered AU$ 31.2m, US$ 8.8m and €99k. This was less than 5% of the amount that Contractor had already allowed for the claims in its audited accounts.

It was also found that one third of Contractor’s claims should never have been advanced and were subject to an indemnity from Contractor to Owner.

Related proceedings in the United States have now stopped.

Manus was instructed by Jones Day, and in particular by Stephen O’Neal, Kent Lindsay, David Wallach and Rowan Mason in San Francisco and Katie Mead and Dale Atkinson in Perth. Steve O’Neal and Kent Lindsay now both now practise from King and Spalding.

Arjun Agarwal was in house counsel and was an integral part of the team working on all aspects of the case.





Related Sectors

Related Juristictions

Register for updates

To keep in touch with news and updates from Atkin Chambers:

 

Register