Judgment

A judge has found that Heran Group unit York Property can't call on $6.4 million in bank guarantees after finding builder Tomkins has a strong prima facie case that a $17.5 million payment certificate issued under contract to build a 119-Gold Coast residential tower was not authorised.

A judge has allowed a 50 per cent fee uplift for counsel in an epic fight over lucrative tenements in the Pilbara region, but says the hourly fees of solicitors from the likes of Allens, Clayton Utz and Corrs were already well above market rate.

A court has found that the relationship between the owner and the developer behind a residential subdivision project in Onkaparinga Heights has deteriorated to such a degree that orders requiring them not to abandon the partnership would be of no help. 

A judge has ordered soft class closure in a class action by Queensland police officers and staff over the COVID-19 vaccine, forcing group members to register for the case ahead of settlement talks.

Linx Constructions has been ordered to pay contractor Jonishan’s nearly $1 million payment claim, with a judge refusing to stay the determination in light of a defects claim seeking "substantial damages".

A judge has found that ASIC's case against WA gold mining company Wiluna over alleged omissions in a 2022 ASX announcement should await the determination of related cases against two executives, citing the risk of inconsistent findings. 

ASIC has won its case alleging Regional Express failed to correct an optimistic forecast before it entered administration last year, but failed to prove the company's optimism conveyed a "likelihood" or that three non-executive directors had actual knowledge of the collapsed budget airline's declining business. 

A recycling company has lost its bid to recover millions of dollars from its insurers, with a judge finding the insurers were not on the hook for losses arising from an EPA cleanup.

A tribunal has found the public interest favours disclosure of information about how premiums are calculated under the state's home building insurance scheme, partly overturning a decision refusing access to documents sought by Maurice Blackburn.

A judge will hear an application to amend by the applicants in two discrimination cases against University of Sydney academics accused of making allegedly antisemitic statements, saying the issues in the pleading had to be ruled on.