Another footnote: These trams have now disappeared from the road they were occupying at Preston, and our out of sight from Oakover Road and St Georges Road at least. I have no idea where they are.
According to today's Melbourne "Age", Colonial Tramcars is suing Yarra Trams et al for failing to honour an agreement to provide three trams.Good on them, I hope they win after the shoddy way Yarra Trams treated them
"The owner of Melbourne's restaurant trams is suing public transport bodies over claims a $10 million sale fell through after its carriages were taken off the rails.
The Colonial Tramcar restaurant is suing Yarra Trams and Public Transport Victoria for allegedly failing to provide it with three trams to continue operating, as per its long-term agreement with the two transport bodies.
Last October, Yarra Trams took all three of the company’s trams, built between 1947 and 1950, out of service, saying their badly weathered structures raised safety concerns in collisions.
Colonial Tramcar Restaurant chief executive Paul O’Brien said at the time that his company was willing to invest millions, but claimed that Bendigo Workshops were unable to schedule the required upgrades of the three trams until 2020.
The company has now filed a Supreme Court writ, citing Yarra Trams and Public Transport Development Authority, part of Public Transport Victoria, as defendants.
The Restaurant is seeking an order that Yarra Trams, or alternatively PTV, perform its obligation under an agreement to provide Colonial Tramcar with three trams in order to run its business.
It claims ‘‘Yarra Trams has breached its duty of co-operation and/or its duty of good faith contrary to the terms of the Current Tramcar Agreement’’.
Colonial Tramcar says negotiations for the sale of the business fell through, due to "Yarra Trams' conduct in decommissioning the trams and its refusal to perform its obligation".
It says the sale was worth more than $10 million but that "further particulars of Colonial Tramcar’s loss and damage will be provided prior to trial".
Colonial Tramcar also claims it is not liable to pay Yarra Trams a disputed amount of more than $243,000, which Yarra Trams claimed for maintenance costs and wages between September 14, 2018 and November 23, 2018.
Colonial Tramcar says it paid the amount "under protest and upon and express reservation of its right to recover that amount from Yarra Trams".