Litigation

Lendlease has defeated a challenge to its 'Civil & Civic' trade mark despite lack of use, successfully arguing it retained a residual reputation in the name under which it built the Sydney Opera House podium.

The owner of a heritage listed Victorian-era building in Adelaide’s iconic Rundle Mall has lost its challenge to a decision rejecting its application to remove a 1930s-era neon sign, with a court finding removal would affect its heritage value.

A judge has refused to force the sale of a Footscray property used for logistics services, estimated to be worth $23 million, saying an agreement by the co-owners to sell it by a deadline could no longer be performed. 

The operator of a gym previously inside a Bankstown RSL club has scored a partial win on appeal against its new landlord, but has only received nominal damages of $10. 

A lawsuit against Transgrid by the winning bidder for a contract to build a substation for the Melbourne Renewable Energy Hub, which sought $11 million in extra costs and damages for alleged union disruptions, has been settled.

A judge has allowed Charter Hall to respond to developer Pro-Invest’s expert evidence in a case claiming $100 million in damages for the lost opportunity to build a 26-storey hotel in the Sydney CBD. 

An appeals court has declined to revive a negligence case against a solicitor accused by a former client of failing to advise him on key clauses in a rescinded $1.7 million sale contract.

A fight over legal professional privilege is looming in a case against HWL Ebsworth and a former partner by investors in projects by property developer Belmore 88.

A tribunal has ordered the EPA in Victoria to indicate what conditions it would impose on Veolia’s development application for a waste transfer station, which the regulator has opposed. 

A judge has rejected a Double Bay property owner’s bid to put Chubb on the hook for any damages a builder may owe for alleged defects.