Cases
We act for both individuals and all nature of business in commercial law matters. Our cases vary broadly across a diverse range of industries and industry segments for example construction, retail, manufacturing, agriculture, financial institutions, small to medium enterprise, not-for-profit, government and so on.
Below we provide a number of brief case summaries that demonstrate the nature of our work and the outcomes we achieve.
Damages for condemned suspended slab
Noble Lawyers acted for the owners of an apartment located entirely on top of a suspended concrete slab below which was situated a common area and car parking garage, all of which the VCAT found had to be demolished. We sued the building surveyor, the engineer and the builder, all of whom the VCAT found to be equally liable. Our principal, Darren Noble, appeared before the Tribunal and ran the case at trial. The Tribunal found that each of the Respondents was equally liable and assessed damages at approximately $965,000.00.
BAB - 6 guilty verdicts overturned and costs paid
Noble Lawyers represents builders before the Building Appeals Board, and in this case was appealing seven findings of "guilt" imposed by the Building Practitioners Board (BPB) against our client. Noble Lawyers was successful in having six findings overturned. The penalties were reduced from 3 month suspension of registration and the maximum fine, to no suspension and a significantly reduced fine. The Board was ordered to pay our client’s costs of the appeal.
Significant debt recovery victory
Noble Lawyers successfully opposed an application by a debtor company to have our client’s statutory demand set aside. This victory in the court led to a fast and favourable settlement of a multitude of related proceedings and resulted in our client obtaining payment of a large debt that had been outstanding for some time.
Council's refusal to grant permit overturned
Frequently Noble Lawyers assist developers overcome objectors and road blocks so they can proceed with their project. In this case, a major development comprising 108 apartments and retail component was attracting significant local objection, extreme delays and mounting costs. Noble Lawyers commenced a planning appeal to the VCAT, which overturned the decision of the responsible authority and the project was granted approval to realise its full potential.
Supreme Court win, ten findings quashed
The Building Practitioners Board (BPB) found our client “guilty” of ten allegations, and sought to impose the maximum fine. Noble Lawyers pursued an application for a judicial review of the findings and following a hearing by the Supreme Court, each of the findings and decisions made by the BPB were quashed on the basis that the BPB had denied our client natural justice.