Litigation

An appeals court has found that a judge misapprehended the Evidence Act by saying the legal team in a dispute over $100 million in land may be complicit in obtaining evidence unlawfully, and that there was no need for the lawyers to withdraw from the case. 

A billionaire Chinese property developer who has been exiled from Australia owes nearly $30 million to an investor who sank $20 million into the Eastwood Shopping Centre, which the developer sold for $155 million in 2021.

A family-owned Mitre 10 franchisee will not be on the hook for costs if its loses a novel suit seeking to block Bunnings from opening a $36 million store next to its Jimboomba store, with a judge saying the case will provide guidance on the misuse of market power effects test.

The administrators of collapsed building company Novati Constructions have been ordered to give developer Hulak two bank guarantees worth $312,500 each, with a judge finding it would be unconscionable to withhold them. 

A judge has ruled that IG Power is not required to reimburse Genuity $24.4 million in interest charged by its parent company on a $60 million loan to rebuild the Callide power station, finding the loan was intended to be interest free. 

Chevron wants a "tight" timeline in a legal challenge related to its Gorgon liquified natural gas project, telling a judge that it's spending $40 million a month to keep staff ready for the project.

A fund manager has succeeded in striking out claims it was knowingly involved in an uncommercial loan scheme, in a case by FSM Development liquidators that also targets Ray White and Mallesons.

A Newcastle residential development had lost its bid to pay around $6 million in damages in monthly installments, with a judge saying there was no evidence paying the amount would put the group in a bad financial situation.

Meridian Lawyers has nabbed an insurance litigator from Lander & Rogers who has worked on combustible cladding matters to co-head its professional and financial risk group. 

Bathroom products giant Reece has lost its challenge to a decision that found its lease of a western Sydney warehouse remained on foot after it made an invalid attempt to terminate the ten-year deal.