The Supreme Court has found that cultural advisers provided “negligent advice” to Wyndham council in 2010 during a roadworks project.
The court ruled earlier this month in favour of a damages claim against Terra Culture, which was found to have breached its contract with the council.
Justice Peter Vickery found that a cultural heritage expert, who was required to advise the council, failed to “exercise reasonable care, skill and diligence”.
Between 2008 and 2010, the council planned, and partly began, construction of a sealed extension of McGrath Road, from Black Forest Road to Bulban Road, development of land to the east for a wetland and excavation to the west for a series of culverts. During this time, the council hired Terra Culture Pty Ltd to provide cultural heritage services in respect of the proposed works.
The court found that Terra Culture was liable for advice it gave a council officer during a January, 2010, telephone call, in which the council was advised it did not need to prepare a cultural heritage management plan for a certain area of the works, despite indigenous artifacts having recently been found nearby.
The council is awaiting the court’s decision on whether financial compensation will be awarded.
