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ASIC’s key claim against TelstraSuper fails, despite some success
The corporate watchdog’s first case under internal dispute resolution regulations has had mixed results, with a court finding compliance failures by Telstra Super but no under-resourcing.
Union loses challenge to Opal Packaging’s drug testing policy
A union has lost an appeal of a decision which found packaging company Opal Packaging was allowed to reintroduce drug and alcohol testing of staff under a new methodology while a union challenge was on foot.
Construction PRO
Construction silk gets more time for assessment in $150K fee row
A judge has thrown out a law firm's bid to review a costs assessment manager's decision to grant a Sydney silk more time to make a costs assessment application for services he provided almost a decade ago.
Ex-Neometals employee loses whistleblower appeal
The Full Court has tossed a former Neometals employee's appeal of his failed whistleblower case, finding the company did not believe he had made a protected disclosure when making him redundant despite the company conceding that the was "somebody who frequently raised issues".
Construction PRO
‘Common and ordinary’ land use no excuse for interference, court says
An appeals court has found the owners of a cotton farm in Queensland are liable for causing nuisance to their neighbours after building a flood mitigation levee, despite the levee being a “common and ordinary” use of the land.
PMFresh directors accused of funnelling cash can’t retract admissions
Two former directors of food supplier PMFresh can't withdraw admissions in a case alleging they used company funds for personal benefit, despite a related police investigation.
Construction PRO
Lender wins suit over $39M financing for failed Hawthorn development
A judge has ruled that lender Monland can recover a $39 million debt against the director of a property developer whose Hawthorn project encountered “severe difficulties”.
Construction PRO
Suit tossed over failed $20.7M deal for Adgemis’ Hotel Diplomat
A judge has tossed a suit seeking to recover a $1 million deposit on a $20.7 million agreement to purchase the former John Adjemis-owned Hotel Diplomat in Potts Point, after the deal fell through over concerns about mold and water ingress.
Construction PRO
Builder Rawson wins court battle over option deed for residential project
A Rawson Group unit has successfully argued that it was entitled to rescind an option deed to buy land in the Southern Highlands of NSW after the soil was classified as a “problem” that posed real risks of increased building costs.
Construction PRO
Owners of luxury Neutral Bay development secure quick $7.8M win
The owners corporation of a luxury apartment block in Sydney’s North Shore have been awarded $7.8 million in a summary judgment ruling after developer Lotus Fund failed to put on more than bare denials.