Litigation

The NSW Independent Planning Commission failed to consider the local impact of climate change when approving the expansion and extension of MACH Energy’s Mount Pleasant coal mine, an appeals court has ruled.

A court has upheld a decision by Insurance and Care NSW to bar builder Introbuild Constructions from obtaining residential building insurance which shut it out of any projects valued over $20,000.

An appeals court has confirmed a finding that despite contractual arrangements mandating service by 5pm, a $3.2 million payment claim emailed to Roberts Co after hours on a Friday was validly served.

An Aboriginal corporation joined to Regis Resources’ fight against a decision related to its McPhillamys gold mine wants a costs capping order, concerned the mining company could otherwise “police" its conduct in the case.

A court has permanently stayed a case by a founding director of solar developer Sun Bred, saying that if the company was forced to defend the suit, there would be less than $71,000 left to meet the exec's $8.5 million claim. 

Dyldam Developments' former boss Sam Fayad and his two sons have been ordered to pay over $50 million in a case by the liquidator of a special purpose vehicle claiming company funds were misused.

A superintendent on a $25 million Melbourne project had no power to make an adjustment to a payment claim for purported cost overruns that left the builder owing more than the value of its claim, a judge has held.

The body corporates for beachfront blocks on the Gold Coast have failed in their bid to knock back two land valuations by a combined $28 million, with a Land Court member finding oceanfront land fetches a higher premium.

A court has found that United Petroleum is not bound by the terms of a signed lease offer sent to a neighbouring Gold Coast pharmacy operator, ruling the company’s property consultant had no authority to negotiate or enter into a new lease on its behalf. 

Developer Kaloriziko has appealed a ruling which rejected its claim that a property deal involving related parties extinguished a $2.12 million liability to a builder on the 'Sky Gardens' residential development in Ryde, NSW.