Contracts

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.

Martinus Rail has won its fight against grain supply chain Co-operative Bulk Handling over a $23 million payment claim for building a rail siding in WA, with a judge finding that the deadline for responding to the claim began running from a Saturday.

A judge has flagged the possibility of referring lawyers acting for Alvarez & Marsal to the legal watchdog after hearing the consultant's costs of complying with preliminary discovery orders won by Ernst & Young could top $500,000.

Developer Belmore 88 has successfully opposed discovery sought by HWL Ebsworth, after arguing its former solicitor was on a “fishing expedition” in a case by investors who claim they are both liable for lost money in connection with developments in western Sydney. 

Construction company Mossop has lost an appeal of a decision for concreter Contek, with an appeals court upholding a judgment accounting for all payment claims in the case, even those subject to agreement before trial.

Saint Gobain-owned CSR has hit back at building insulation distributor Consolidated Energy's claims it engaged in anti-competitive conduct by increasing its prices during COVID-19, saying the cost increases were due to events beyond its control. 

Eastlink operator ConnectEast has lost its bid for restitutionary interest after a judge found CityLink's operator overcharged tens of millions of dollars in toll roaming fees.

A judge has ordered Adina West Melbourne to pay $2.3 million to Trenerry's West End LandCo, including $1 million in unpaid rent, despite finding COVID-19 lockdowns were a force majeure event under the lease.

A judge has struck out builder CPB Contractor's “clearly untenable” claim against Transport for NSW for $63 million in delay costs for work on the Pacific Highway upgrade.

Mirvac has entered into a joint venture with Japanese developer Mitsubishi Estate to deliver a mixed-use precinct in Sydney’s Darling Harbour, estimated to have an end value of over $2 billion.