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Construction PRO
Fortius can’t add negligence claim against certifier over One Central Park defects
Property manager Fortius has lost its bid to bring negligence claims under NSW's Design and Building Practitioners Act against certifier City Plan Services in defects litigation over the One Central Park development in Sydney.
Construction PRO
Northcote Shopping Centre can’t appeal rent review fight with Aldi
The owner of Northcote Shopping Centre in Melbourne has lost its bid for leave to appeal in a fight with budget supermarket Aldi over whether clauses imposing a cap on rental increases is contrary to the Retail Leases Act.
Phoslock class action wins access to FTI, KPMG reports
A shareholder class action has won access to reports by FTI Consulting and KPMG that were commissioned by water remediation company Phoslock, with a judge finding they were not created for the dominant purpose of providing legal advice.
Worley takes class action loss to High Court
Engineering services firm Worley has taken last month's landmark loss in a shareholder class action to the High Court, challenging the Full Federal Court's embrace of market-based causation and its adoption of the facilitation principle.
Construction PRO
Injunction bid shot down against Southern Cross Gold tunnel
A judge has declined to grant an injunction to stop Southern Cross Gold unit Clonbinane Goldfield from commencing works on its Sunday Creek exploration tunnel project until a challenge to the government’s approval is resolved.
Court finds proof: Peru wins appeal battle to trademark Pisco
The government of Peru has won its appeal against an Australian Trade Mark Office decision that rejected its bid to trademark the alcoholic spirit pisco.
In class action defence, Google says publishers can create own ad tech
Google has hit back at a class action alleging it abused its dominance in the digital advertising market, saying that publishers are able to, and often do, develop their own ad tech tools or rely on competing third-party solutions.
PM not acting as employer in Fiona Brown talk over Higgins, court told
The Commonwealth has hit back at a case brought by Brittany Higgins’ former manager, Fiona Brown, arguing former prime minister Scott Morrison’s action were not ‘employer’ functions under parliamentary staff legislation.
Construction PRO
Freezing orders stay as developer’s liquidator sues unitholders
The unitholders of defunct developer 1A Eden are facing a suit by a liquidator to recover a $2.5 million judgment in favour of a North Sydney apartment building's owners corporation.
Construction PRO
Dexus trustee justified in appealing APAC’s win, judge says
A judge has ruled that the trustee for Dexus' airport fund is justified in challenging a court decision that forces a compulsory sale of a $4.5 billion interest in the operator of Melbourne Airport.