News and Insights

NSW Supreme Court dismisses a bid to set aside a $9.2m adjudication award, finding that an adjudicator's errors in interpreting a payment claim for encashed security were within jurisdiction and did not invalidate the determination under SOPA.

Queensland Supreme Court grants a 49% shareholder leave to sue on the company's behalf after the majority shareholder allegedly misappropriated funds and terminated his employment.

ACT Court of Appeal confirms the rule against double recovery applies where damages claims against a builder and certifier partially overlap.

In Ramoo v Grow Trade Finance Pty Ltd [2026] FCA 286, Charlesworth J held that a trade finance provider had validly appointed Receivers over the real and personal property of a guarantor on the proper construction of a Trade Finance Facility Agreement.

In Owners Corporation 1 Plan No. PS 640567Y v Shangri‑La Construction Pty Ltd [2026] VSC 117, Delany J dismissed a third party claim by the managing director of Shangri-La on the basis that no claim was made or notified during the insurance period, and any liability did not arise from the performance of professional services.

In Cherrie Civil Engineering Pty Ltd v Jonishan Pty Ltd [2026] NSWSC 178, Rees J dismissed Cherrie's application to quash an adjudication determination issued in favour of Jonishan, finding that this was not one of the "rare cases" where an adjudicator fell into jurisdictional error by failing to consider a party's submissions.

In Acciona Infrastructure Australia Pty Ltd v Zurich Insurance plc UK Branch [2026] NSWSC 185, Peden J rejected both parties' separate challenges to two referee reports on a material damage insurance claim.

In The Owners – Strata Plan No 87231 v 3A Composites GmbH (No 10) [2026] FCA 351, Anderson J dismissed strata owners' claims against an ACP manufacturer and distributor, finding no breach of consumer guarantees, no misleading conduct, and causation not established.

In Lee v Big Dipper Constructions Pty Ltd [2026] NSWDC 43, Weber SC DCJ dismissed an owner's breach of contract claim, finding he had "set up" the builder's breach by denying site access and could not take advantage of his own wrong.

In Built Pty Ltd v Victorian Correctional Infrastructure Partnership Pty Ltd [2026] VSC 76, Nichols J refused to make declarations sought by Built concerning the meaning of "linked claims" and "linked disputes" under its subcontract, or that the clause was void under SOPA.

In Area Ten Pty Limited v SmartChannel Pty Limited [2026] NSWDC 37, Acting Judge Coleman SC upheld Area Ten's claim for unpaid fees under an SEO agreement, rejecting SmartChannel's purported termination and cross-claim.

In Darren Ryan Sacks v Bouwen Projects Pty Ltd [2025] NSWDC 539, Habib SC DCJ upheld Sacks' claim for damages for defects in the construction of his Dover Heights home, rejecting the builder's arguments on verbal variation, unreasonable rectification, and failure to mitigate.

In Kaloriziko Pty Ltd v Calibre Construction Group Pty Ltd (No 2) [2025] NSWCA 259, the Court of Appeal reduced the judgment against Kaloriziko by $3.24m, upholding its challenges on variations, practical completion date, and deed of release credits.

In The Owners – Strata Plan No 97938 v Golden Rain Development Pty Ltd [2026] NSWSC 37, Griffiths AJ granted a $29m freezing order against Golden Rain, finding a real risk that any defects judgment would go unsatisfied given the developer's negative equity and recent conversion of unsecured related-party loans to secured debt.

In Platform Constructions Pty Ltd v Fourth Dimension Au Pty Ltd [2025] QCA 264, the Court of Appeal declared an adjudication decision void after finding the claimant failed to provide the respondent with a complete copy of its submissions as required under the BIF Act.