David Campbell Transport is taking Aurizon to court in an attempt to recoup some $8 million it says it's owed over haulage at Glencore's Murrin Murrin operations.
David Campbell Transport is taking Aurizon to court in an attempt to recoup some $8 million it says it's owed over haulage at Glencore's Murrin Murrin operations.
In a writ lodged in the Supreme Court of Western Australia, Forrestfield-based David Campbell Transport Pty Ltd named Australia Western Railroad Pty Ltd, operating as Aurizon, as a defendant.
The action centred on contracts relating to three Murrin Murrin Ore open cut mining operations, which Campbell was subcontracted to provide haulage and haul road maintenance services for in May 2024.
Glencore's Murrin Murrin operation is a major open-cut nickel-cobalt mine in the Goldfields, between Leonora and Laverton.
Campbell alleged, under the contracts, Aurizon was obligated to provide haulage plans, and pay for and provide a fit-for-purpose maintenance and servicing workshop.
The transport company claims neither of these two obligations were fulfilled by Aurizon.
Furthermore Campbell claimed invoices, which they said under the contracts had to be paid within 16 days of a written notice to pay, were not paid.
In the writ, Campbell said by Aurizon's alleged failure to pay invoices, combined with the alleged failure to provide haulage plans and a services facility, demonstrated the company no longer intended to be bound by the contract.
As a result in January, Campbell terminated the contract.
In February, Campbell sent an invoice to Aurizon for $7.5 million, the sum of early termination fees the company alleged were agreed to in the contract.
The company then requested further payment of $865,000, being the demobilisation cost associated with the early termination of the contract.
Campbell is seeking some $8.3 million from Aurizon plus interest and costs.
The company is being represented by Bennett's Thaw Thaw Htin in that case.
It's not the first legal battle David Campbell Transport has embroiled itself in over recent months, with the company also currently suing Integra lawyer Janette Tavelli and barrister Richard James Price of Francis Burt Chambers.
That action centred on legal advice provided to Campbell between 2020 and 2023 by the defendants, in relation to the enforceability of an agreement between Campbell and both Exxten Pty ltd and Craig Mitchell regarding the Peculiar Knob mine in South Australia.
In that case, in which Campbell is being represented by Murcia Pestell Hillard lawyer Cheryl Sun, the value of the Campbell claim was not disclosed.
David Campbell Transport commands a fleet of over 200 trucks and 600 staff members.
The company operated depots in Port Hedland, Perth, Geraldton, Broome, Escperance, Kalgoorlie, Bunburry and Jerramungup.
An Aurizon spokesperson told Business News it did not wish to comment on the matter.
