Legal claim hits project in CBD building rebirth called "the Burge project" •
by: Russell Emmerson
• From:The Advertiser
• September 24, 201210:00PM
Artist's impression of the new Mayfield site Source: The Advertiser
A "CATALYST site" designed to usher in a new era of city development has been hit by claims it short-changed its former financier, court documents show.
Melbourne builders Colvid and Tagara Builders have proposed "the Burge project" a $240 million redevelopment of the former Mayfield Engineering site, between Sturt and Gilbert streets.
The project was launched in June, the first under new planning rules designed to spark a wave of city development. However, Adelaide financier Assist Finance claims in District Court documents it was engaged to raise more than $6 million but was denied payment after sourcing the deals.
The April 2011 agreement was partly oral, partly in writing and partly implied, the statement of claim says, but provided for success fees and employee expenses, court documents claim.
Two months later, Assist Finance founder Jason Di Iulio presented the developers with two finance facilities: a $6.7 million loan secured by mortgage and another mortgage-backed loan of $1.5 million.
However, Assist's $226,600 consultancy invoice was not paid when due in July 2011, and a corrected invoice for $221,501 was not paid when it fell due in September 2011, the statement of claim says.
Colvid's director Colin Haddow appeared to be the principal contact for Assist Finance during negotiations, court records show, but resigned from all joint venture companies including the development company he founded with David Bertram in 2008 in June 2011, just weeks before matters relating to this dispute arose.
Spokesman for Mr Bertram, Alex Twomey, says the company had "early discussions" with Assist Finance but "they didn't raise any finance". The project remains on foot, he says. "It doesn't have any impact or link to the project. Everything is going ahead so there is no issue or impact."
Mr Twomey said he wasn't aware of the circumstances behind Mr Haddow's abrupt departure.
Mr Haddow still features on Colvid's website more than 12 months after he left, and the office phone numbers are disconnected.
The statement of defence agrees emails were exchanged with indicative loan proposals, but says they never amounted to a contract.
The matter is set for trial in the District Court in October