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Construction PRO
Sand importer seeking $300M says it was ‘strung along’ by NSW Port Authority
A defunct sand importer has told a court that it was "strung along" by the Port of Authority of NSW over an agreement to build a multi-user facility in Glebe Island, alleging the government-owned corporation is liable for $300 million in damages for unconscionable conduct. 
Construction PRO
Purchaser of ‘defective’ ACT property loses bid for $5.3M in damages
A court has awarded only $100 in nominal damages to the owner of a $5 million industrial site in the ACT, despite finding there was cracking in a concrete slab covered by a warranty. 
NACC to reconsider investigating 6 people over Robodebt scheme
The National Anti-Corruption Commission will reconsider investigating six people involved in the Robodebt scheme after a report found commissioner Paul Brereton SC should have done more to remove himself from the decision.
‘Don’t expect I’ll put up with crap’: Solicitor loses appeal of discourteousness finding
The director of a Sydney law firm has lost a bid to challenge a decision of the NSW Legal Services Commissioner, which slapped him with a caution for a failure to act courteously after he told a disgruntled client “don’t expect I’ll put up with crap” in a tense email exchange.
In battle of Spitfire creditors, appeals court provides clarity on R&D refunds
A private investment fund has won its claim as a secured creditor over $2 million in research and development tax refunds that a court previously found should go to employees in a fight over funds remaining following the collapse of fintech Spitfire Corporation. 
Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse's agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.
High Court challenge could clarify scope of reliance damages
A city council in the Hunter Valley region is set to appeal to the High Court a decision that found it was liable to pay a flight company over $3.6 million in damages for wasted expenditure after it repudiated a contract to lease land at the local airport.
Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company's directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.
NSW judge Paul Brereton to lead federal corruption watchdog
Justice Paul Brereton has been appointed to lead the new National Anti-Corruption Commission, with the CEO of AUSTRAC, the Disability Discrimination Commissioner, as well as two senior figures at NSW ICAC also tapped for senior roles.
Amid push for reforms, judges refuse to recuse themselves time and againa
Requests by litigants for judges to disqualify themselves from presiding over cases were largely denied last year, in a raft of decisions containing lessons for litigants weighing up their own recusal bids in 2023.