Construction

The developer of the Berrybank wind farm must produce expert communications in a lawsuit over noise emissions from its turbines, but can shield documents pointing to any defects. 

A theme park manufacturer contracted by Dreamworld to undertake $5 million in works has won a challenge to an adjudicator’s decision that found a payment claim was invalid because the company didn't have a building licence.

Martinus Rail has won its fight against grain supply chain Co-operative Bulk Handling over a $23 million payment claim for building a rail siding in WA, with a judge finding that the deadline for responding to the claim began running from a Saturday.

The director of collapsed builder Shangri-La Construction wants to expand his defence in a suit over allegedly flammable cladding installed in a Melbourne building to argue a funding agreement with an owners corporation was not valid because nearly a quarter of owners abstained or voted against it.

A construction company has lost its bid to appeal a VCAT decision determining a $1.4 million dispute against it because of its conduct in the case, with an appeals court rejecting its “narrow and technical” reading of the tribunal’s powers.

Developer Belmore 88 has successfully opposed discovery sought by HWL Ebsworth, after arguing its former solicitor was on a “fishing expedition” in a case by investors who claim they are both liable for lost money in connection with developments in western Sydney. 

Construction company Mossop has lost an appeal of a decision for concreter Contek, with an appeals court upholding a judgment accounting for all payment claims in the case, even those subject to agreement before trial.

NSW government-owned utility Hunter Water has been ordered to pay $1.2 million in damages to 118 owners in a townhouse block in Newcastle for flooding caused by a burst water main. 

In the final chapter of a years-long fight, an appeals court has ordered a NSW prefab home builder to pay almost $500,000 in damages after finding it engaging in misleading and deceptive conduct to convince a couple to vary their contract to allow the use of cladding they had previously rejected.

The ACCC has raised competition concerns about the proposed acquisition of Benedict Recycling by its "closest competitor" Igneo Infrastructure Partners, a subsidiary of Australian asset management giant First Sentier Investors.