Litigation

The owners corporation for an apartment complex in the Melbourne suburb of St Kilda has lost its adverse possession claim over a tennis court mostly located on adjoining land, with a judge finding their use of the property was subject to a lease. 

Builder Leda Constructions has lost its bid for injunctions that would prevent the principal in a $4 million building contract from calling on two bank guarantees worth $101,553 each. 

A court has found that two of the three heirs to the owners of property investor Kurtz Group can continue to use the services of Arnold Bloch Leibler, finding no risk of conflict. 

A tribunal has refused to terminate a lease for a dairy farm in Raleigh, NSW and declined to order $500,000 in compensation over claims the tenants are responsible for deterioration in the property, including the “uncontrolled infestation” of a noxious weed. 

A Sydney developer who claims his solicitor provided faulty advice relating to a financing facility for a project that went into receivership has been granted access to documents from the lawyer.

A popular Port Macquarie tavern can't enforce a restrictive covenant which bars a neighbouring shopping centre from selling alcohol, with a court finding that development consent was validly given to Coles to build a Liquorland. 

A judge has refused to set aside a deed of company arrangement passed by creditors of construction company Mercon, finding that the owners corporation of a 33-unit development has not proved the value of its $4.2 million claim. 

A proposal to expand Sydney Harbour's Woolwich Marina has been knocked back, with a judge finding the development would obstruct views of heritage listed areas. 

An appeals court has rejected a class action's challenge to a finding that Homes Victoria had a legitimate purpose in deciding to demolish and redevelop public housing towers in Melbourne, despite “lamentable” lack of consultation. 

A group of insurers can't join Northwest Rail Link joint venture partners MTR and UGL to a suit by CPB Contractors and John Holland over a $100 million policy, with a judge saying the joint venture’s interests in the case are commercial rather than legal.