Note No.2.
NULLA H.
37
1.
A subsidiary point of Mr. Davidson's is that the
Government made it one of the terms of the sale of areas "A" and
"B" that Mr. Kwik should construct the invert, and two feet in
height of the eastern wall, of the nullah to the eastward of M.L.
431, and not only his own western wall, and should this "add to his
obligations". This, though true, is misleading as thus stated
because the proposal was that the Government should pay him the
estimated cost of this additional work, i.e., $24,000. It is
conceivable that that estimate was too low, though I have no reason
for thinking so, but if it was Mr. Kwik should have taken that up as
a special point at the time. He definitely accepted this term
without question in his letter of 5.1.23, which was a general
acceptance of the terms of the Director of Public Works' letter of
2.1.23.
2.
It may be explained that the above proposal was made
because it was considered that it was a better arrangement for the
construction of the nullah and that greater protection would thus be
afforded to the east wall of M.L.431.
3.
As Mr. Jackman says in his minute of 15.11.27, "It is made
to appear that certain terms had been forced on Mr. Kwik for
acceptance, but he was quite free (either to refuse or to accept)
the terms offered by the Government for an extension".
have stood on his original contract if he had so chosen.
4.
He could
As a matter of fact, the Government eventually agreed
to contribute $31,837.80 towards the cost of the nullah, and this
figure was agreed to by Mr. Kwik. It should be explained however,
that the Government agreed to pay the extra $7,000 odd because the
nullah wall had to be increased in thickness when it became obvious
that the reclamation eastward was not likely to be undertaken for some
time.