Judgment

A judge has taken ASIC to task for pleading its remitter case against Mayfair 101 Group director James Mawhinney in minute detail, but has rejected arguments the regulator ran the proceeding in an “oppressive and unmeritorious” way.

The NSW Land and Environment court has approved developer Central Element's plans for its $100 million 'Lamrock Avenue' luxury residential development in Bondi Beach, following a conciliation conference with the local council.

A landlord in eastern Melbourne has filed proceedings alleging a tenant breached its lease by converting a cafe into a smoking lounge.

Bucketty’s Brewery has failed to convince the NSW Land and Environment Court to order security against a community group seeking to overturn a local council’s approval of the brewery’s plan to build a new pub and cafe.

Two minority shareholders in Argentina’s state-controlled oil company have won a dispute over service in their case seeking to enforce a $24.3 billion judgment awarded in a US court. 

Four doctors named in a class action over cosmetic surgeries performed at Daniel Lanzer’s clinic in Sydney can't dodge claims they are liable as accessories for alleged misleading social media ads. 

A developer has won an injunction to stop a builder from enforcing an adjudication decision in a dispute over a $3 million payment claim, with a judge finding it would be an abuse of process to make the developer pay.

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.