Litigation

The High Court has been asked to overturn a ruling from the Victorian Court of Appeal that found domestic building insurance policies do not respond to when a defect arises, but rather to when loss or damage is suffered.

The NSW Independent Commission Against Corruption has found a former high-ranking official in the NSW Department of Education engaged in corrupt conduct by awarding contracts to friends, calling it a “clear case of cronyism”.

The developer of a 61-apartment building in the Sydney suburb of Mascot has won a challenge to Bayside Council's requirement that it rectify alleged damage to neighbouring land before an occupation certificate is granted.

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. 

A Phoenix Property Investors special purpose vehicle has won a $57.75 million judgment against developer Rockdale Central Finco in a dispute over financing related to the construction of 50 residential apartments in a southern Sydney suburb.

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.

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. 

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.

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.