Michael Keene

Three owners have lost their opposition to Sydney developer Perifa Gerrale's plans to replace three ageing apartment blocks with two new buildings, with a judge finding no impropriety in the owners corporation's selection of a developer for the project.

The New South Wales Supreme Court of Appeal has clarified that payment claims and adjudication notices sent via email can constitute service and trigger relevant limitation periods under the Security of Payment Act. 

Subcontractor EnerMech has won an appeal in its fight against Acciona over a $10 million progress payment for work on the Westconnex M4-M5 link, with an appeals court finding the question of whether EnerMech's claim was a payment claim for construction work was a matter for an adjudicator, not the court.

Acciona has prevailed in a fight with subcontractor EnerMech over a $10 million progress payment, which a judge found was instead an attempt by EnerMech to claim a credit in relation to security paid to Acciona.

A judge has denied an application by industrial filter manufacturer Laminar Air Flow to add a new respondent in a long-running trade mark dispute against rival Vokes Ltd, with a judge finding the company had provided no explanation as to why the bid was made just four months before trial.