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Construction PRO
An appeals court has granted a builder's appeal in a dispute over payments for work on the Seasons of Perth hotel, finding the strict one-day deadline for serving an adjudication review application under Western Australia's Security of Payment Act is a jurisdictional requirement.
Kicking off its appeal of a finding that it couldn't walk away from a $672 million merger agreement with Mayne Pharma, US drug company Cosette has told a court that Mayne was not upfront about its financial position prior to the deal.
Construction PRO
A judge has thrown out a law firm's bid to review a costs assessment manager's decision to grant a Sydney silk more time to make a costs assessment application for services he provided almost a decade ago.
Coal producer Glencore has lost the latest round in a long-running dispute with Port of Newcastle over access charges.
Construction PRO
Glencore has failed on appeal in a case against Port of Newcastle, with an appeals court finding the coal company could not rely on submissions in litigation leading up to a final determination of the port's access charges.
Construction PRO
A NSW appeals court has found objectors have no right to weigh in on development applications once they reach conciliation in the Land and Environment Court, and that judges don't have to consider all material before the court.
A Sydney lawyer has successfully defended a case alleging he should have advised an X-ray business and its director that their defences in proceedings against medical device maker Philips were hopeless.
Construction PRO
Insurer Liberty is not on the hook for costs incurred by Seymour Whyte Construction for dealing with asbestos-contaminated soil, but is liable to cover legal fees for advice sought by the company.
Construction PRO
All Civil Solutions Group has lost its appeal against a ruling that allowed the Woonona-Bulli RSL Memorial Club to raise a set-off defence against the subcontractor's claim under the Contractor's Debt Act.
Construction PRO
A builder has lost an appeal arguing that a RW Capital unit was bound by an alleged contract to develop land in northern Sydney, said to be worth $25.75 million, after the trial judge found the claim was “doomed to fail”.