Construction

Property developer Green Capital and Lake Macquarie City council are facing a class action seeking compensation for homeowners in a Newcastle suburb over properties that are allegedly sinking into the ground and have been “injuriously affected in value”. 

New Zealand construction giant Fletcher Building has hit back at a shareholder class action over allegedly misleading forecasts for the 2017 financial year, saying some of the claims under New Zealand law were brought out of time.

Acciona has prevailed in a fight with subcontractor EnerMech over a $10 million progress payment, which a judge found was instead an attempt by EnerMech to claim a credit in relation to security paid to Acciona.

Grocon has lost yet another argument over documents in its lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge rejecting its bid to access material over which the government agency claimed privilege and public interest immunity. 

The lead plaintiff in a class action over Sydney’s light rail construction, who is seeking a $3 million judgment, has brought a novel bid for the NSW government to pay a funder’s 40 per cent commission as damages, rather than as a deduction from the amount owed to group members.

A judge has ruled that a settlement offer made in a case can be adduced into evidence in a construction company’s suit against its former lawyers, finding that the offer was not covered by without penalty privilege.

Probuild Constructions has failed in its special leave application to the High Court, which sought to challenge a ruling that it held $7.7 million in trust for insurer Allianz under a deed of indemnity in connection with the development of West Side Place in Spencer St, Melbourne.

A judge overseeing a class action by the owners of lots in a townhouse development in the Sydney suburb of Alexandria has rejected an application for security for costs, noting the case has been brought by individuals who stand to lose their properties if they fail to pay costs.

A judge has granted a bid for a new mediator in a class action over allegedly combustible cladding, agreeing with the applicant that a “fresh start” may be beneficial.

Grocon has taken another hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge rejecting its claim of privilege over more than 15,000 documents.