Litigation

Defunct developer FSM must hand over transcripts of examination proceedings by its liquidators in a new case against Ray White Capital, Mallesons and others after the liquidators lost their bid for unreacted emails related to financing for an Ashfield development. 

Builder Watpac has won a battle with developer Romeciti over a final payment claim issued as part of an agreement to construct a $450 million luxury development in Sydney's Macquarie Park.

Engineering firm Monadelphous has lost a bid to suspend $3.3 million in adjudication judgments secured by contractor Aaro Group in a dispute over works at BHP's Eastern Ridge mine.

The word 'day' in thousands of building contracts at the centre of a class action against Perth builder BGC Housing Group refers to a calendar, not working, day, a judge has said in a ruling that may have a significant  impact on damages in the case.

The parents of Luxcon boss Ilya Melnikoff have failed to convince a judge they should not have to pay back a mortgage and guarantee to lenders who gave their son's companies a $13.9 million advance to buy property in Byron Bay and a $3.8 million tax-related loan.

New federal fuel cost pass-through laws are expected to generate uncertainty in the construction industry, according to partners in Corrs Chambers Westgarth's leading construction practice group, who say the reforms may apply more widely than anticipated. 

A judge said Tuesday evidence in a case over the sale of a stake in Melbourne Airport's operator might justify a finding that shareholder Dexus acted unethically and immorally. But whether such a finding was relevant to the validity of a default notice at the centre of the suit is another matter.

A judge has ordered the developer of a luxury apartment block in Vaucluse, Sydney to pay builder Reform Projects over $260,000, after finding a payment claim sent to the same email as earlier claims had been validly served.

A settlement has been approved in a class action against a unit of Dennis Corporation, which was accused of wrongly terminating off-the-plan contracts when local property values jumped.

Builder Watpac has lost its bid for a separate hearing on whether a guarantee provided to the developer of Sydney's One Central Park is time-barred, with a judge saying the question should wait until $180 million in defects claims are determined.