Litigation

After getting the nod from a judge, the trustee for the Dexus bloc of shareholders in airport operator APAC has lodged an appeal of a finding that it committed a material and irremediable breach of the owners' deed.

Property manager Fortius has lost its bid to bring negligence claims under NSW's Design and Building Practitioners Act against certifier City Plan Services in defects litigation over the One Central Park development in Sydney.

The owner of Northcote Shopping Centre in Melbourne has lost its bid for leave to appeal in a fight with budget supermarket Aldi over whether clauses imposing a cap on rental increases is contrary to the Retail Leases Act.

A former director of Melbourne-based Aviation 3030 has failed to overturn a finding that the liquidators of the landbanking company could recover half of a $3.4 million landholder duty liability from him.

More than three decades after the Mabo decision and the introduction of the Native Title Act, the ALRC is calling for an overhaul of the "discriminatory" regime, which it says has failed to compensate native title owners or allow land use decisions to be fairly challenged. 

A judge has ruled that the trustee for Dexus' airport fund is justified in challenging a court decision that forces a compulsory sale of a $4.5 billion interest in the operator of Melbourne Airport.

The unitholders of defunct developer 1A Eden are facing a suit by a liquidator to recover a $2.5 million judgment in favour of a North Sydney apartment building's owners corporation.

A judge has declined to grant an injunction to stop Southern Cross Gold unit Clonbinane Goldfield from commencing works on its Sunday Creek exploration tunnel project until a challenge to the government’s approval is resolved.

Baggage handling company Alstef Australia says the operator of Brisbane Airport is not entitled to call on $13.4 million in bank guarantees, claiming it is owed $32 million in a dispute over a baggage system upgrade at the airport’s domestic terminal.

An appeals court has shot down a challenge to a valuation for the country’s largest solar farm and said the Land Valuation Act should be amended to clarify the definition of an ‘urban purpose.’