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Newcastle Herald
Newcastle Herald
Business
Madeline Link

Lake Macquarie's legal battle racks up millions as roads left in ruin

ROAD TO RUIN: Ocean Street in Dudley has been impacted by changes to the road surface. Picture: Max Mason-Hubers

A LEGAL stoush and efforts to repair defects in at least 80 sections of road across Lake Macquarie has chewed through $3.8 million.

Lake Macquarie City Council is still fighting a battle against Newcastle Resources Pty Ltd, which also trades as South Coast Equiment, over a widely used road base called Steelstone Mix 3 - which the council alleges has expanded roads, lifted median strips and cracked residential driveways.

The Newcastle Herald first revealed the issue in 2014, after the state government and a number of Hunter councils suspended use of the road base when issues began to emerge.

Mayor Kay Fraser said residents and the council are still dealing with the fallout nine years later.

"We've been working with the residents and obviously it's been difficult because they have to seek their own legal advice, and that company who delivered that has changed as well," she said.

"There are a whole lot of complications and issues ongoing.

"We could be looking at another few years going through each individual case and talking to the community about all the issues with that."

REPAIRS: Lake Macquarie council has started repairs to Ocean Street at Dudley. Picture: Max Mason-Hubers

South Coast Equipment did not respond to a request for comment.

The council's litigation started in 2017, so far it has racked up $2.2 million just on legal and expert costs.

Its claim relates to 80 sections of road built using Steelstone Mix 3 from 2006 until the issue was identified in 2013 to 2014.

A council spokesman said the claim is for the loss and damage that it has and will incur to repair assets damaged by Mix 3, the repair costs to third party assets and to prevent further damage.

"If council's claims are successful, the court is likely to require the defendant to reimburse council for the majority of its legal and expert costs in addition to any damages," he said.

"Each report of potential Mix 3 damage is investigated by council.

"The actions taken will vary depending on the nature of the impact, with a focus on ensuring the ongoing safety of residents and the continued use of council's assets."

The council has served its evidence and orders have been made for the defendant to serve evidence before September 2022.

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