Litigation

A Western Sydney council has lost its bid to keep expert evidence in an arbitration with a builder under wraps in its $7 million case alleging a Sydney architect is liable for defects in a tennis court complex. 

Roberts Construction has dodged a bid for security in proceedings seeking to claw back money it paid to a labour hire company, with a judge noting the presumption of insolvency was only established in a limited, “technical sense" in prior proceedings. 

Despite its loss in a class action against Queensland power companies, which has put it on the hook for $32 million in costs, funder LCM has avoided calls for cash security in a representative proceeding over toll road charges.

Activists fighting to protect the Murujuga rock art in Western Australia have lost their transfer bid in a challenge to Woodside's North West Shelf gas project.

An appeals court has upheld a finding that Tasmanian Ports had a right to kick wood pellets manufacturer Resources Australasia off leased property after it erected an awning structure without permission. 

A class action over alleged combustible Vitrabond cladding will wait until after a court hears from the parties in a similar case against Alucobond maker 3A Composites, which suffered a loss last month.

Defunct developer FSM must hand over transcripts of examination proceedings by its liquidators in a new case against Ray White Capital, Mallesons and others after the liquidators lost their bid for unreacted emails related to financing for an Ashfield development. 

Builder Watpac has won a battle with developer Romeciti over a final payment claim issued as part of an agreement to construct a $450 million luxury development in Sydney's Macquarie Park.

Engineering firm Monadelphous has lost a bid to suspend $3.3 million in adjudication judgments secured by contractor Aaro Group in a dispute over works at BHP's Eastern Ridge mine.

The word 'day' in thousands of building contracts at the centre of a class action against Perth builder BGC Housing Group refers to a calendar, not working, day, a judge has said in a ruling that may have a significant  impact on damages in the case.