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Construction PRO
A Western Australian local council left the court in a “less than ideal position” in failing to fully participate in a dispute over the rejection of a development extension sought by Woolworths' property arm, a judge has said.
Construction PRO
An appeals court has handed BHP a win in a dispute with Aquila Steel over the boundary between their neighbouring mining tenements, rejecting Aquila’s “fanciful” argument about the construction of a 58-year-old document.
Construction PRO
Builder Q Group has defeated an application to enjoin it from instructing a law firm which allegedly failed to make a claim on time, with a judge finding a lawyer’s alleged omission did not mean he had a “personal interest” in the outcome of the case.
Construction PRO
A judge has rejected Roy Hill's bid for a declaration that two of its mining leases could not be impeached as long as they are the subject of a registered mortgage, saying it would preclude any challenges.
Construction PRO
A contractor for a proposed $100 million country club near Perth has lost a round in a legal battle that has stalled the project, losing a bid for a freezing order against the landowner.
Construction PRO
A judge hearing a discovery spat in a suit by Rio Tinto unit Energy Resources has slashed two affidavits from the company's lawyers, calling them "little more than dogmatic statements".
A judge has left open the question of whether a line of authority relating to the materiality of information under the continuous disclosure regime could be relevant to a stoush between collapsed engineering firm Forge Group and Clough Group, saying the decisions may apply to cases alleging breaches of the insider trading provisions of the Corporations Act.
A litigant in an estate dispute dropped his lawyers and filed a notice to the court naming Dentons Australia as his new firm of solicitors. Unhappily for him he made two mistakes: filing the notice himself, and apparently failing to tell anyone at Dentons he had hired them.
A judge has ruled that a settlement offer made in a case can be adduced into evidence in a construction company’s suit against its former lawyers, finding that the offer was not covered by without penalty privilege.