Litigation

A judge has tossed a nuisance claim by the Perth Day Hospital against its neighbour Fitness Cartel, finding its use of the property for "hypersensitive" surgery and medical procedures was not an 'ordinary use' protected by nuisance law.

The High Court has declined to review a ruling from the Victorian Court of Appeal that found domestic building insurance policies do not respond to when a defect arises, but rather to when loss or damage is suffered.

AsheMorgan principal Michael Rothner has defeated a suit by a member of the Waterhouse horseracing dynasty over the $26 million sale of a Rose Bay mansion, with a judge finding Rothner did not breach the agreement by authorising the removal of trees on a neighbouring property to improve his harbour views. 

Fitout company Reward Group has lost its challenge to a payment claim adjudication by a subcontractor for refurbishment work on Sydney's luxury Sofitel Wentworth Hotel.

A judge has refused to quash a SOPA adjudication in favour of SD Civil Engineering against a developer for work on the Hills Hub project in the north west Sydney suburb of Rouse Hill.

A native title group has won an appeal to the High Court over a 30-year licence granted by the Northern Territory government to Fortune Agribusiness to extract groundwater for irrigation on its property.

Alliance Living has failed on appeal of a security for costs order in a dispute with a subcontractor on a project to restore Sydney's Gaden House, with NSW's top court saying the builder's failure to pay a judgment debt was relevant.

Clive Palmer has lost another legal battle over Western Australian legislation shielding the state from the fallout of a decision barring a proposed Pilbara iron ore project, with a Swiss court rejecting his challenge to a tribunal's finding that it had no jurisdiction to hear the $300 billion dispute.

US real estate firm Savills has failed to summarily dismiss a lawsuit alleging sexual harassment, which a judge said if true "indicated a culture of discriminatory sexist behaviour of a serious kind".

A former client of law firm Chamberlains, which is facing a costs order in a building dispute, relinquished privilege in his communications to his solicitors because they were made in furtherance of fraud, a court has found.