Justice Declan Kelly

York Property has lost an appeal in a dispute with builder Tomkins over a payment claim for work on a Gold Coast high-rise, with the appeals court declining to set aside an adjudicator's decision that was later cut down to $12.7 million. 

A superannuation fund has taken McCullough Robertson to court, arguing that its former solicitors failed to warn that a $33 million share sale agreement with Firecroft Technical Services could be jeopardised if a related Fair Work Commission approval was quashed. 

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.

Power plant engineer Clarke Energy has lost a challenge to an arbitration win for NT energy provider Territory Generation for delays in construction work on two Alice Spring power facilities.

Group members enjoy broader protection against the running of limitation periods than lead plaintiffs in class actions, an appeals court has said in finding that commercial fishing operators heading a class action against Gladstone Ports could not bring new claims out of time. 

The claims in two class actions alleging fast food giant KFC denied workers rest breaks are substantially similar but not identical, a court has heard, and whether or not the two cases are headed for a battle to survive remains to be seen.

Ernst & Young has won a temporary stay of a lawsuit by Billabong founder Gordon Merchant alleging the firm gave negligent advice on how to structure the 2015 sale of bio plastics manufacturer Plantic Technologies.