The legal dispute - Roy Medich Properties Pty Ltd v Ron Medich Properties Pty Ltd - is scheduled for further directions next week in the NSW Supreme Court.
The wealthy developer and hotel owner Roy Medich and his older brother, and accused murderer Ron Medich, are in battle over their longtime Badgerys Creek land holding.
Roy Medich, 64, wants a trustee appointed to sell the properties at Badgerys Creek which will be worth hundreds of millions of dollars once they are rezoned.
The issue is because of his brother’s notoriety, Roy believes it is impossible to get the necessary rezonings.
Ron Medich, 66, wants his portion of the land to be separated off rather than sold.
The court proceedings began in late 2013, three years after Ron Medich was charged with the murder of his former business partner Michael McGurk, who was shot outside his Cremorne house in 2009.
The SMH investigative reporter Kate McClymont reported that Roy Medich's affidavit noted the Badgerys Creek consortium (comprising the Medichs, the University of Sydney, and brothers Joe and Daniel Damjanovich) had worked very hard to get the land rezoned.
“Ron and I do not have the same judgment or method of doing business. We are unable to agree on many things and we cannot work together," he said.
Roy Medich was seeking to have the matter dealt with before his brother’s criminal trial, but Justice James Stevenson refused to grant Roy Medich’s request for an expedited hearing.
Justice Darke will hear legal argument next Friday, July 3, 2015.
Kate McClymont, who has followed the Medich family with typical thoroughness, reported Roy Medich had concluded the unsubstantiated allegations "that Mr McGurk had tape recordings of Ron and his dealings with the Department of Planning” had made subsequent dealings with the department difficult."
Roy Medich said the adverse publicity "compromised my ability to deal with the Department of Planning".