Litigation

Tossing a case by Tahmoor Coal's liquidators over a royalty deed that gave Glencore payments in perpetuity and impacted the company's sale price, an appeals court has found the deed was not unprofitable just because creditors might get a better return without it.

A judge has allowed a barrister who successfully defended a Perth gym in nuisance proceedings by a hospital to be paid 30 per cent above the scale rate, citing the matter's complexity and high stakes and the experience of opposing counsel.

Tech and management consultancy Capco has won preliminary discovery as it considers whether it has a case against a former senior employee who resigned to work for rival NTT Data.

An appeals court has ruled that Heran Group's York Property can call on $6.4 million in bank guarantees in its dispute with builder Tomkins, which alleges that a $17.5 million payment certificate issued under a contract to build a 119-Gold Coast residential tower was not authorised.

The defunct developer behind the planned Pentridge Village project in Melbourne can't defer costs in failed proceedings against the project's financiers, despite a foreshadowed new suit against them. 

A developer facing a class action from homeowners who claim their properties are sinking has dragged engineering firms Simmonds and Hunter Geotechincal Services into the case.

A judge won't order expert mathematical evidence in a suit against Monash University over alleged unpaid bed rent, saying the calculations could be done by someone in Year 7.

Teen fashion label White Fox will claim a pair of shorts that bore a four-stripe design was merely ‘decorative’ and did not infringe on Adidas’ distinctive three-stripe trade mark, a court has heard. 

Builder Hansen Yuncken is seeking preliminary discovery from the Victorian government as it mulls proceedings alleging the state interfered with the independence of a superintendent in relation to a $156 million contract to expand the Barwon prison near Geelong.

The developer behind a 14-storey tower in Melbourne's south-east has sued the Suburban Rail Loop Authority, alleging it suffered huge losses and indefinite delay after the authority failed to design around the development and later acquired the underground strata.