Litigation

The owners of a Hamilton Island resort are facing a potentially lengthy legal battle after suing their builder and its insurer over $20 million in allegedly defective rectification works completed after Cyclone Debbie.  The villas owned by Great Barrier Reef Yacht Club Villas were damaged in the March 2017 cyclone, after which Insurance Australia Limited…

Property developer Drivas has lost its court fight over plans for a nine-storey tower atop the heritage-listed Murrays Building in Parramatta’s Centenary Square.

The heir to a Queensland concrete empire has been granted access to Neilsen Group’s books following a dispute with her brother over the company’s operations that resulted in her appointment as a director.

Gold miner Cassius Mining has succeeded in removing an arbitrator in its $443 million dispute with the Republic of Ghana over an aborted mining project.

A judge has rejected green developer Kingshill’s development application for an “ecologically sustainable” 1,900 residential lot concept in Port Stephens, upholding findings that it could have significant impacts on local wildlife.

A recent High Court decision that dealt a blow to builders and developers in NSW will usher in a return to a pre-2002 litigation regime, when plaintiffs only sued the parties with the deepest pockets, an expert has told Lawyerly. 

The owners of Perth high rise HBF House have won their bid for more documents from builder CIMIC, as they seek to prove claims that the building squeaks when the weather changes and leaks when it rains. 

Lendlease’s hopes of acquiring, subdividing and selling lots in a Campbelltown block have been deferred, with a judge finding he could not make urgent orders with a question mark hanging over the construction of a relevant deed. 

The valuer general of Victoria has told the High Court that a property in Melbourne’s CBD should be valued at $6.2 million rather than $2.9 million, despite a heritage constraint on development. 

Maxcon Developments, which allegedly owes $23 million in unpaid tax, has lost its bid to stay orders winding up the business, with a judge deeming the company “hopelessly insolvent”.