Litigation

A First Nations elder has defeated a developer's appeal against a local council's decision to reject plans for a $30 million housing estate in Lismore, with a court agreeing the development would adversely impact Aboriginal cultural heritage.

A judge has thrown out a breach of contract case against MercyCare over the purchase of Belrose Care and its Perth properties, finding the aged care provider complied with a deferred payment clause in their deal.

A funder that unsuccessfully sued the plaintiffs to recover funds advanced for a lawsuit against Transport for NSW over the compulsory acquisition of land for the WestConnex highway project has lodged an appeal.

Lawsuits against a Chinese real estate investor and his mother involving transactions linked to Sam Fayad's Dyldam Group have been paused pending criminal proceedings against the pair in Hong Kong.

A Victorian construction company is seeking indemnity costs against the company that unsuccessfully pursued a winding-up application against it, as well as a personal costs order against its director.

A court has upheld a three-year time limit attached to a council's development consent for a local distribution centre at a proposed industrial precinct in Tamworth, NSW.

Construction company Crema has lost a bid for an injunction blocking the developer of a luxury apartment complex in Melbourne’s east from accessing $6 million in performance security amid a fight over project delays.

A judge has called the conduct of the director of property group Vantager “breathtaking” in its “brazen dishonesty” after he misappropriated $33 million from a $45 million property sale with the help from his accountant.

The NSW Land and Environment Court has thrown out an objection to a 100mw solar farm slated to be built in Wallaroo on the NSW and ACT border, finding solar farms are not inconsistent with rural character. 

A court has ruled that the body corporate of a block of units can bring a contract claim against builder Devine in its own name, finding that parliament did not intend to import the technical legal meaning of ‘subrogation’ into legislation governing owners corporations.