Judgment

A union has lost an appeal of a decision which found packaging company Opal Packaging was allowed to reintroduce drug and alcohol testing of staff under a new methodology while a union challenge was on foot.

An appeals court has found the owners of a cotton farm in Queensland are liable for causing nuisance to their neighbours after building a flood mitigation levee, despite the levee being a “common and ordinary” use of the land.

The Full Court has tossed a former Neometals employee's appeal of his failed whistleblower case, finding the company did not believe he had made a protected disclosure when making him redundant despite the company conceding that the was "somebody who frequently raised issues".

Two former directors of food supplier PMFresh can't withdraw admissions in a case alleging they used company funds for personal benefit, despite a related police investigation.

A judge has ruled that lender Monland can recover a $39 million debt against the director of a property developer whose Hawthorn project encountered “severe difficulties”.

A judge has tossed a suit seeking to recover a $1 million deposit on a $20.7 million agreement to purchase the former Jon Adgemis-owned Hotel Diplomat in Potts Point, after the deal fell through over concerns about mould and water ingress.

The owners corporation of a luxury apartment block in Sydney’s North Shore have been awarded $7.8 million in a summary judgment ruling after developer Lotus Fund failed to put on more than bare denials.

A Rawson Group unit has successfully argued that it was entitled to rescind an option deed to buy land in the Southern Highlands of NSW after the soil was classified as a “problem” that posed real risks of increased building costs.

The developer of a 61-apartment building in the Sydney suburb of Mascot has won a challenge to Bayside Council's requirement that it rectify alleged damage to neighbouring land before an occupation certificate is granted.

A Western Sydney council has lost its bid to keep expert evidence in an arbitration with a builder under wraps in its $7 million case alleging a Sydney architect is liable for defects in a tennis court complex.