THE three-year legal battle between Caterpillar and its NSW dealership Gough & Gilmour has taken a decisive turn, with the courts paving the way for an amicable sale process of the dealership.

Justice Boland in the NSW Industrial Relations Commission has given Gough and Gilmour until early September to sell their dealership business to Caterpillar’s “preferred dealer candidate”.

If a sale does not proceed in that time, then Caterpillar is allowed to give 26 weeks’ notice of termination of the dealership agreements.

Gough and Gilmour’s Tony Gilmour said it was a good judgement for his company, which enabled a fair sales price – its preferred option.

“However, this thing is not necessarily finished – there is still a high probability that there will be a compensation hearing if we don’t sell for a fair price,” he told Construction Contractor.

Caterpillar declined to comment.

Trish Crawford