Litigation

The High Court has taken up an appeal by the Victorian planning minister in a row with IGA that seeks guidance on the jurisdictional reach of the state Supreme Court in planning disputes.

VCAT has upheld a local council's refusal of a plan to build a three-storey luxury apartment building at a vacant lot in East Melbourne, saying it would "visually dominate" a neighbouring heritage-listed home.

A funder that has allegedly refused to provide further funding in a class action over the compulsory acquisition of land for the WestConnex road project is also fighting the plaintiff’s bid to discontinue the case, with a judge calling the funder’s opposition “very problematic”. 

Lendlease has lost its appeal of a ruling that shot down its bid to enforce a $120 million purchase agreement for five plots of land in Campbelltown against a company controlled by the Macarthur-Onslow family. 

An iProsperity director must pay $5.3 million to ZACD for his conduct in convincing the Singapore-based real estate investment firm to cough up $37.5 million for its $300 million purchase of the AccorInvest hotels portfolio.

Canberra developer Geocon has won a Full Court appeal over the GST payable on $115 million in sales from a 360-unit development, with the case sent back to a tribunal for final determination.

Carlisle Homes has prevailed on a preliminary question in a dispute with Nexus Office over alleged defects in a Nexus Mulgrave rental space, with an appeals court finding an expert had not properly determined the dispute. 

Grand Ridge Plantations has lost an appeal seeking to halve the official valuation of its Gippsland timber forest, with a court finding that the trees on the land must be included in its assessed value.

New Zealand-based pipe manufacturer Buteline has been added to a case seeking damages over the installation of allegedly defective water pipes in a residential building in the Northern Territory.

A collapsed developer and its builder have failed again in their dispute against a financier over the Pentridge Village development in Melbourne, with an appeals court taking a critical view of years of delays.