Litigation

The parents of Luxcon boss Ilya Melnikoff have failed to convince a judge they should not have to pay back a mortgage and guarantee to lenders who gave their son's companies a $13.9 million advance to buy property in Byron Bay and a $3.8 million tax-related loan.

New federal fuel cost pass-through laws are expected to generate uncertainty in the construction industry, according to partners in Corrs Chambers Westgarth's leading construction practice group, who say the reforms may apply more widely than anticipated. 

A judge said Tuesday evidence in a case over the sale of a stake in Melbourne Airport's operator might justify a finding that shareholder Dexus acted unethically and immorally. But whether such a finding was relevant to the validity of a default notice at the centre of the suit is another matter.

A judge has ordered the developer of a luxury apartment block in Vaucluse, Sydney to pay builder Reform Projects over $260,000, after finding a payment claim sent to the same email as earlier claims had been validly served.

A settlement has been approved in a class action against a unit of Dennis Corporation, which was accused of wrongly terminating off-the-plan contracts when local property values jumped.

Builder Watpac has lost its bid for a separate hearing on whether a guarantee provided to the developer of Sydney's One Central Park is time-barred, with a judge saying the question should wait until $180 million in defects claims are determined.

APAC issued a default notice to Dexus' infrastructure fund manager for a purported breach of a shareholder agreement during a share sales process to "get rid of" it, a trial has heard.

Glencore has failed on appeal in a case against Port of Newcastle, with an appeals court finding the coal company could not rely on submissions in litigation leading up to a final determination of the port's access charges.

A Toorak developer has been barred from calling on nearly $500,000 in security, with a court finding an allegation against contractor Kronstruct was “irrational and misconceived" and did not result in the alleged $1.6 million loss. 

Previewing Monday's closing arguments in its legal tussle with the operator of Melbourne Airport, co-owner Dexus says it won't deny a long-term model given to potential share purchasers was confidential. But here's the kicker -- the disclosure didn't run afoul of its shareholder agreement, it says.