Construction

An ASIC report into private credit has found that commercial property construction and development presents the “greatest potential risk” of impairment or credit loss, as well as being more likely to involve conflicts of interest and opaque fee arrangements. 

Developer Techin MBS has filed a lawsuit against Maddocks, claiming the law firm is liable for negligence if a contract of sale for a penthouse in Toorak with multi-millionaire Scott Shearman is not found to be binding.

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.

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.

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. 

A theme park manufacturer contracted by Dreamworld to undertake $5 million in works has won a challenge to an adjudicator’s decision that found a payment claim was invalid because the company didn't have a building licence.

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 director of collapsed builder Shangri-La Construction wants to expand his defence in a suit over allegedly flammable cladding installed in a Melbourne building to argue a funding agreement with an owners corporation was not valid because nearly a quarter of owners abstained or voted against it.

A construction company has lost its bid to appeal a VCAT decision determining a $1.4 million dispute against it because of its conduct in the case, with an appeals court rejecting its “narrow and technical” reading of the tribunal’s powers.