Litigation

Developer Belmore 88 has successfully opposed discovery sought by HWL Ebsworth, after arguing its former solicitor was on a “fishing expedition” in a case by investors who claim they are both liable for lost money in connection with developments in western Sydney. 

In the final chapter of a years-long fight, an appeals court has ordered a NSW prefab home builder to pay almost $500,000 in damages after finding it engaging in misleading and deceptive conduct to convince a couple to vary their contract to allow the use of cladding they had previously rejected.

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.