Building materials manufacturer 3A Composites has lost a challenge to questions for a judge at an initial trial of a class action over combustible cladding, with a judge finding the issue of whether the company’s Alucobond panels were of acceptable quality was common to all group members.
The builder of Sydney’s troubled Opal Tower has brought a claim for indemnity against insurer Liberty Mutual, which has already agreed to pay out $22.5 million, claiming it is owed a total of $12.5 million for its costs in defending a class action by residents.
Employment Minister Tony Burke says he will support the Fair Work Commission’s plan to appoint an independent administrator to the construction division of the CFMEU and flagged an AFP investigation into recent allegations the union has been infiltrated by criminal figures.
A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit.
Major building insulation supplier CSR Bradford has been hit with a lawsuit by a leading home energy company seeking information on price increases as part of a potential lawsuit alleging misuse of market power.
Subcontractor EnerMech has won an appeal in its fight against Acciona over a $10 million progress payment for work on the Westconnex M4-M5 link, with an appeals court finding the question of whether EnerMech’s claim was a payment claim for construction work was a matter for an adjudicator, not the court.
A funder bankrolling a class action against the NSW government over the construction of Sydney’s $16 billion Westconnex tunnel is locked in a dispute with the lead applicants over $135,000 held in a trust account, and wants to replace the plaintiffs and their solicitors, the third group of lawyers to run the case.
Lendlease’s plan to sell a portfolio of residential community projects to Stockland for $1.3 billion has raised concerns for the ACCC, which worries the transaction may substantially lessen competition in the supply of residential masterplanned community housing lots in four regions.
A judge has ordered Transport for NSW to only pay 65 per cent of the costs of a class action over Sydney’s $3 billion light rail construction, finding it was not inappropriate to apportion costs even though the plaintiffs were largely successful.
A judge has refused to allow an owners corporation to serve late expert evidence in its case against developer Mirvac over alleged defects in a Sydney apartment complex, saying a solicitor’s explanation about “competing commitments” was inadequate and “a circumstance shared by most members of the legal profession”.