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Activists win challenge to MACH’s Mount Pleasant coal mine expansion
Environment 2025-07-24 11:52 pm By Andy Sidler

The NSW Independent Planning Commission failed to consider the local impact of climate change when approving the expansion and extension of MACH Energy’s Mount Pleasant coal mine, an appeals court has ruled.

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Couple that preferred one cladding’s aesthetic wins case against builder
Construction 2025-07-08 11:58 pm By Julia Kanapathippillai

A court has found a NSW prefab home builder that convinced a couple to vary their contract to allow different cladding which did not have the same aesthetic effect as their preferred one engaged in misleading and deceptive conduct.

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Developer VSD loses stay bid in payment claim spat with Builtcom
Construction 2025-05-06 11:33 pm By Christine Caulfield

Developer VSD Investments has failed in its novel argument for keeping Builtcom from the proceeds of a successful $8.5 million payment claim for work on a Sydney project.

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Dexus must sell stake in $1.7B shopping centre to Macquarie after failed appeal
Real Estate 2025-04-11 11:27 pm By Sam Matthews

An appeals court has rejected Dexus’ challenge to a finding that it must sell its 50 per cent stake in Sydney’s largest suburban shopping centre to Macquarie Retail, saying its arguments contradicted the “evident commercial purpose” of the contracts at issue.

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Dexus tells appeals court judge erred in fight with Macquarie over $1.7B shopping centre
Real Estate 2025-03-31 3:29 pm By Cindy Cameronne

A Dexus property fund has argued that a judge went the “wrong way” in deciding that it was forced to sell its 50 per cent stake in Sydney’s largest suburban shopping centre to Macquarie Retail. 

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Construction PRO
Developers’ email agreement on $1.3M loan not binding: appeals court
Chief Justice Andrew Bell 2025-02-27 11:18 pm By Julia Kanapathippillai

An appeals court has tossed a challenge to a judge’s decision that found a property developer was required to return a $1.3 million loan, despite finding the judge erred in holding enforceable an agreement reached over email.

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Hynash loses set-off argument in challenge to subcontractor’s pay claim
Construction 2025-02-19 11:42 pm By Julia Kanapathippillai

Civil construction company Hynash has lost an appeal bid after a judgment put it on the hook for the full sum of a payment claim lodged by a subcontractor following the termination of a contract linked to a Bathurst, NSW project.

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Transport for NSW loses appeal over land acquisition near Sydney airport
Appeals 2024-12-09 11:20 pm By Cat Fredenburgh

An appeals court has found Transport for NSW was not empowered to compulsorily acquire land for the ‘public purpose’ of the Western Sydney Airport. 

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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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High Court won’t weigh in on spat between Probuild, Allianz over development bonds
Construction 2023-11-20 11:52 pm By Christine Caulfield

Probuild Constructions has failed in its special leave application to the High Court, which sought to challenge a ruling that it held $7.7 million in trust for insurer Allianz under a deed of indemnity in connection with the development of West Side Place in Spencer St, Melbourne.

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