Litigation

A couple has been awarded over $423,000 in damages from a builder for defective work on their $2.8 million Dover Heights home, including water damage and mould.

The developer of a $50 million apartment complex in Brisbane’s West End has lost its bid to add a new claim to its case against builder Devine, with a judge saying the developer was attempting to tell a “fundamentally different story” to the existing case, weeks out from trial.

A judge has set aside a tribunal’s refusal of a developer’s application to build a retirement village on land owned by the Federal Golf Club in Canberra. 

A court has granted gold milling company Golden Mile leave to redraft its statement of claim in a dispute against Lakewood Mining over Lakewood’s alleged conversion of fresh waste rock. 

An appeals court has handed BHP a win in a dispute with Aquila Steel over the boundary between their neighbouring mining tenements, rejecting Aquila’s “fanciful” argument about the construction of a 58-year-old document.

Builder Maxcon, financier Maxcap and mortgage broker ACMC are caught up in litigation over certificates of title underlying collapsed developer APH Holding’s $320 million Wellington Health precinct in Melbourne's Box Hill.

A Hong Kong company has won its bid to claw back funds from the family of a deceased debtor who transferred a Sydney property to his wife as part of a purported separation agreement, with a court finding the transaction was intended to defraud creditors.

A Sydney developer has filed proceedings against the environment minister after a delegate found its proposal to build two towers in Parramatta would have “clearly unacceptable” impacts on views from Australia's oldest public building. 

A creditor of developer The Gosford has filed an appeal in a dispute over a $185 million property in Sydney, after a judge found that $48 million owed by builder Shinetec to its parent company after the developer called on a letter of credit fell within the definition of ‘secured money’.

The owners corporation of a Sydney apartment building can't run new arguments in a defects case determined last year, with a tribunal finding that while it likely had the power to reopen the case, it had not made an error warranting the move.