Litigation

An appeals court has upheld a finding that grain exporter Co-operative Bulk Handling responded too late to a $22.6 million payment claim from Martinus Rail, agreeing that the clock started ticking on a Saturday. 

A judge has criticised the “glacial pace” of a dispute between Seymour Whyte and a subcontractor that stretches back over a decade, while awarding the construction company a further $150,000 in security for costs.

Builtcom has scored a win in a fight over termination payments connected to a development in Melbourne's east, with a judge finding the entitlement to the payments was not extinguished by non-compliance with progress claim procedures.

A builder has lost its bid to amend a negligence claim in a dispute over a warehouse refurbishment contract in Sydney’s Homebush. 

A judge has refused a bid by the director of property developer Vantager to stay orders to sell his property while he appeals a decision finding him liable for a “brazen fraud” after a $45 million sale was negotiated for a Denham Court property that was only worth $10.8 million. 

A judge has rejected Hall & Wilcox's bid to narrow the terms of the court's inquiry into whether legal advice it provided to defunct construction group Hastie was reasonable, before a costs assessor weighs in on the firm's $18.6 million legal bill. 

Asset Energy has failed in its bid for judicial review of the denial of an extension for a permit for its PEP11 gas exploration project off the Hunter coast in NSW.

Super fund trustee REST Nominees is the first of the Dexus bloc of APAC shareholders to challenge a finding that a default notice issued by the board of the airport operator was valid.

A Whitehaven Coal unit has succeeded in overturned four convictions for a 2020 blast at its Maules Creek mine that was found to breach environmental laws.

A court has found a Pelligra Group unit validly terminated leases for offices in a Melbourne CBD building rented by Birdies Mini Golf owner Stephanie Doyle after she failed to meet a deadline for agreement on floorplans.