Document Type
Journal Article
Abstract
The very public stoush between Sydney's CrossCity Motorway CCCM') and the New South Wales ('NSW') Government over the Cross City Tunnel provides observers of public private partnerships CPPPs') with interesting insights into the workings of these unique forms of relationships between the private sector and govemment. The Cross City Tunnel conflict highlights the significance that formal contracts can have when a PPP goes awry. PPP contracts do not just codify who is responsible for what and how risks and rewards will be shared, they also act as an important safety mechanism when the relationship between partners breaks down. Research I have conducted in both Australia and the United KingdomI suggests that when and how a legal contract will be used in the context of a PPP is often influenced by the nature of personal relationships between key players. It is interesting to speculate whether CCM and the NSW Government would be heading to the courts if the relationship between NSW Premier, Morris lemma, and the Chief Executive of CCM, Graeme Mulligan, had not degenerated to the level of personal attack and counterattack.
ANZSRC / FoR Code
1801 LAW
Publication Details
Noble, G. I. (2006). The role of contracts in public private partnerships. UNSW Law Journal, 29 (3), 276-281.
{NB: item deleted 26 June 2009}