Litigation

A luxury Aqualand development in Milsons Point can't undo a $10.6 million freezing order granted to the owners corporation to address the risk that funds would be unavailable to meet its claim for damages to remedy alleged defects. 

Lendlease has filed an appeal after it failed in its bid to enforce a $120 million purchase agreement for five plots of land in Campbelltown, in a high-stakes challenge set to be heard later this year. 

Fund manager Realside and other leaseholders have launched proceedings against M3Property and a valuer, alleging tenants of Rundle Mall in Adelaide have been overcharged for rent since 2006 as a result of consistently flawed valuations. 

The developer of a Sydney apartment block has appealed a decision that awarded the owners corporation $1.95 million, arguing the owners may have manufactured a relationship breakdown to escape their obligations. 

An RSL club can raise a set-off defence against a subcontractor’s claim under the Contractor’s Debt Act, after a judge rejected the subcontractor’s argument that the defence was barred by a provision of the SOPA.

Saint Gobain-owned CSR faces litigation by an independent building insulation distributor alleging it abused its dominance by upping prices during the pandemic.

Liquidators for iProsperity have been given the greenlight to enter into retainers with Norton Rose Fulbright to pursue claims against the defunct property group’s general manager and Crown Melbourne.

Developer Geocon has lost its bid to strike out claims in a case over Canberra's Infinity Towers that it breached statutory warranties, with a judge saying it was a difficult legal issue best left for trial. 

Liquidators of Snowdon Developments have brought proceedings against building suppliers to claw back more than $2 million in payments they say were made while the Victorian developer was insolvent.

An activist group which unsuccessfully challenged the government’s approval of a wind farm in North Queensland because of its effects on rare birds has lost its bid to dodge costs on public interest grounds, with a judge saying both sides sought to advance the public interest.