Article: Connex sues on brakes defect

[ozbob]

From the Herald Sun click here!

Connex sues on brakes defect

Connex sues on brakes defect
Article from: Sunday Herald Sun

Sue Hewitt

December 28, 2008 12:00am

TRAIN operator Connex wants millions of dollars in compensation from manufacturer Siemens over a brake system that caused commuter chaos.

Connex is claiming damages in the Supreme Court for defective trains that threw the network into turmoil last year.

Braking problems cost Connex almost $9 million in State Government fines. It is believed Connex will seek to recover that cost from Siemens.

Legal sources said the rail giant was also likely to want compensation for loss of commuter confidence, which could add millions more to the compensation bill.

It could also open the door to a class action against Siemens by long-suffering public transport users, they said.

Commuters with monthly, six-monthly and yearly tickets were compensated with free travel valued at $270,000 after Connex failed to meet performance targets in 2007 as a result of the braking debacle.

Connex claims Siemens breached its duty of care in providing defective trains. In court documents, it claimed the trains' braking system were "defective, faulty and inadequate".

Connex accused Siemens of supplying trains that were "not fit for their purpose" and were not of "merchantable quality".

A spokesman was not available for either Siemens or its parent company Siemens Aktiengesellscahft.

A Connex spokeswoman declined to comment.