Litigation

Construction company Mossop has lost an appeal of a decision for concreter Contek, with an appeals court upholding a judgment accounting for all payment claims in the case, even those subject to agreement before trial.

The developer of a 683-lot project in Glenmore Park, NSW has lost its bid to strike out parts of a class action by owners and investors alleging the land on which the development sits is unsuitable for residential construction.

Builder Growthbuilt has struck back in a $91.7 million lawsuit over the Oxford & Foley mixed use development in Darlinghurst, Sydney, claiming the project's financier failed to act in good faith and pointing the finger at its subcontractors. 

Sydney developer Tiptell has won its bid to exit a combustible cladding class action against 3A Composites and Halifax to bring its own claim for $15 million.

Building materials giant CSR has hit back at a misuse of market power case brought by building insulation distributor Consolidated Energy over COVID-19 price increases, blaming the higher prices on forces beyond its control.  

Japan-based Mitsui has sued Esso Australia and Woodside Energy, its partners in the Kipper gas field in the Bass Strait, disputing their claims that it owes $298 million in taxes and alleging it overpaid fees to the tune of $20.3 million. 

The High Court has been asked to clarify the jurisdictional reach of the Victoria Supreme Court to hear planning disputes, in a spat between the state and supermarket operator IGA.

Eastlink operator ConnectEast has lost its bid for restitutionary interest after a judge found CityLink's operator overcharged tens of millions of dollars in toll roaming fees.

Liquidators of collapsed Snowdon Developments have reached a settlement with a building supplier as part of efforts to collect more than $2 million in payments allegedly made when the Melbourne developer was insolvent.

The Victorian Department of Education is seeking court declarations that under a plan to restructure Roberts Co (VIC) it can set off claims of its own against any brought by the failed builder.