Judgment

A court has rejected a property developer's bid to challenge a payment claim decision that found in favour of collapsed builder Kenik, the contractor on a $14 million Coles and Liquorland in Taringa.

The privacy commissioner has found Kmart Australia breached privacy laws by using facial recognition technology in its stores to combat refund fraud, finding the privacy invasion was disproportionate.

A judge has set aside an adjudicator’s decision that the head contractor for a luxury Gold Coast tower owes fitout company Starline $1.5 million, finding the subcontractor had obtained a District Court judgment over the same project.

CityLink has lost a bid to void toll roaming agreements with ConnectEast after it was ordered to repay $36 million in overcharged roaming fees, with a judge rejecting its arguments as contrary to City Link-specific legislation.

The owner of a dental practice compulsorily acquired by Sydney Metro for the Metro West project has lost a bid for $6 million in compensation, with a judge rejecting its claim for ‘special value’ in the land.

The developer of the Berrybank wind farm must produce expert communications in a lawsuit over noise emissions from its turbines, but can shield documents pointing to any defects. 

Another judge has railed against the use of generative AI in court proceedings, after a self-represented litigant filed an application to annul his bankruptcy that was replete with fake citations.

Martinus Rail has won its fight against grain supply chain Co-operative Bulk Handling over a $23 million payment claim for building a rail siding in WA, with a judge finding that the deadline for responding to the claim began running from a Saturday.

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.

NSW government-owned utility Hunter Water has been ordered to pay $1.2 million in damages to 118 owners in a townhouse block in Newcastle for flooding caused by a burst water main.