Contracts

West Gate Tunnel builders CPB Contractors and John Holland say engineer Aurecon Australasia should be on the hook for $359 million in damages for alleged design errors in Victoria’s West Tunnel project, a court has heard. 

A stay of a $37 million 2023 judgment in favour of the company behind an abandoned $185 million development in Gosford NSW against the Australian arm of China's Shanxi Construction Investment Group has been extended.

Lender WholeCap has lost its bid for a “break fee” and $430,000 in legal costs billed by King & Wood Mallesons associated with a term sheet for a proposed $66.1 million loan to a Harbour Land entity.

A contractor working on upgrades at the Metropolitan Remand Centre in Victoria has filed proceedings against the Victorian Correction Infrastructure Partnership, arguing a dispute resolution clause in their contract runs afoul of the SOP Act.

An appeal against a ruling that the developer of a $55M Sunshine Coast residential complex could not set off a liquidated damages claim against builder Tomkins' pre-completion payment claim has been thrown out.

Bupa has been hit with a class action alleging it violated consumer laws by providing poor-quality care to residents at aged care facilities.

A franchisee class action against United Petroleum over alleged loss-making Pie Face stores has been ordered to hand over $3.7 million in security, with a judge finding it was not likely to stultify the class action.

An appeals court has rejected Dexus' challenge to a finding that it must sell its 50 per cent stake in Sydney’s largest suburban shopping centre to Macquarie Retail, saying its arguments contradicted the “evident commercial purpose” of the contracts at issue.

Muffin Break franchisor Foodco has defeated a franchisee's challenge to a ruling that put it on the hook for money owed under a rental agreement after the lease for the store at the Bayside Shopping Centre in Frankston was not renewed.

Advisory firm Perpetual has lost its bid for an injunction against a former senior advisor after 22 of his long-time clients tried to follow him to a rival firm.