Eli Ball

A court has found that Moolarben Coal waived privilege over legal advice given by a Sydney silk in the course of a warranty dispute over a Komatsu haul truck that caught fire.

An adjudicator’s finding that it had no jurisdiction to rule on a payment claim in a dispute over a Sydney development was a binding determination under SOPA, an appeals court has said in upholding a decision that a builder’s pursuit of a second, favourable adjudication was an abuse of process.

Its evidence was ruled inadmissible and it briefed new counsel, but that doesn't entitle the owners corporation of a Sydney apartment building to more details of Max Build's contract case, a judge has said.

A judge has found the ATO knowingly received millions misappropriated by a former Kupang Resources director in order to satisfy a tax debt against him, with a judge skewering the tax office for instituting a “policy of wilful blindness” in pursuit of the debt.

A Sydney builder has lost its challenge to a $453,000 judgment for a developer, with an appeals court finding the construction company claimed payment for a greater amount of work than was done on a project in Dural. 

A judge has struck out builder CPB Contractor's “clearly untenable” claim against Transport for NSW for $63 million in delay costs for work on the Pacific Highway upgrade.

An appeals court has tossed a challenge by construction firm Builtcom to an adjudication that slashed a $30 million payment claim against developer VSD Investments by $21 million, saying mere legal error was not enough.

Challenging an $8.5 million adjudication on a payment claim that sought over $30 million from developer VSD Investments, construction company Builtcom says it is effectively "disabled" from recovery of progress payments.

A judge has signed off on a settlement in a class action by investors in failed advisory firm Linchpin Capital, with insurer AIG paying $12.15 million and forfeiting its right to appeal a liability finding.

An investor class action against failed advisory firm Linchpin Capital has sought court approval of a $12.15 million settlement with insurer AIG, which will leave 176 group members to share in $7.2 million after deductions.