• A dispute arose between the owners and operators of an electricity generation facility (the Plaintiff) and the builders of the facility as a consequence of various alleged construction defects, allegedly resulting in additional costs to the Plaintiff and subsequent loss of profits to the Plaintiff

• Identify and quantify losses arising as a consequence of the Plaintiff being deprived of the opportunity to participate in the National Electricity Market
• Identify and quantify losses arising as a consequence of the Plaintiff having a reduced ability to participate in the National Electicity Market on various bases
• Identify and quantify additional costs incurred by the Plaintiffs including rectification and abnormal consequential costs
• Once a clear understanding of the operation of the National Electricity Market and operations of the electricity generation facility were obtained, Ferrier Hodgson assessed such losses:-
• using complex financial modelling techniques;
• involving complex multi-variable formulae associated with market determined pricing of electricity and variable input costs based upon generation mode;
• with calculations being undertaken at 30 minute intervals over a period of 2 years;
• identifying source documents supporting additional costs incurred

• The investigation, identification of relevant data, calculations and reporting of Ferrier Hodgson assisted the Plaintiff in reaching a commercial settlement

Peter Holmes & Lachlan Johns - Adelaide