Carter Newell

The developer of a $50 million apartment complex in Brisbane’s West End has lost an appeal against builder Devine Constructions’ claim for $3.7 million, as the developer seeks damages for alleged delays caused by water ingress.

A builder has lost its bid to amend a negligence claim in a dispute over a warehouse refurbishment contract in Sydney’s Homebush. 

A judge has criticised the “glacial pace” of a dispute between Seymour Whyte and a subcontractor that stretches back over a decade, while awarding the construction company a further $150,000 in security for costs.

Evidentiary disputes brewing in a $55 million defects case over the Port Botany Enfield Intermodal Logistics Centre will be closely managed by the court, which has heard that the costs could surpass the value of the claims. 

Making good on his threat to case manage the litigation with an "iron fist", a judge has set a trial date for early next year in four cases over the Port Botany Enfield Intermodal Logistics Centre.

A court has ruled that the body corporate of a block of units can bring a contract claim against builder Devine in its own name, finding that parliament did not intend to import the technical legal meaning of ‘subrogation’ into legislation governing owners corporations.

The developer of a $50 million apartment complex in Brisbane’s West End has lost its bid to add a new claim to its case against builder Devine, with a judge saying the developer was attempting to tell a “fundamentally different story” to the existing case, weeks out from trial.

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.

A luxury Hamilton Island resort has lost its bid to vary the form of security ordered last year in its $15 million suit over allegedly defective rectification works completed in the wake of Cyclone Debbie. 

A joint venture launched to construct sections of Brisbane's new Cross River Rail station has successfully challenged an adjudicator’s order that it pay $2.7 million to a steel supplier.