Probuild Constructions has failed in its special leave application to the High Court, which sought to challenge a ruling that it held $7.7 million in trust for insurer Allianz under a deed of indemnity in connection with the development of West Side Place in Spencer St, Melbourne.
A judge asked to approve an $11 million settlement in a class action against retirement village provider Aveo is considering a proposal by court-appointed contradictors to set aside a percentage of the sum for group members, which would leave the law firm running the case $2 million out of pocket.
Two law firms that were able to “work cooperatively” to join their cases have been awarded carriage of a shareholder class action against mining firm Downer EDI. The judge overseeing the proceedings also approved a group costs order application that proposed a “reasonable rate” of return to the firms.
The field of competitors in a four-way contest to run a shareholder class action against Downer EDI over a $40 million profit overstatement has narrowed with the consolidation of three cases, leaving one firm to face criticism over its comparative inexperience running group proceedings.Ā
The judge asked to approve a settlement in a class action against retirement village provider Aveo has sent a shot across the bow to law firms seeking to make broad confidentiality claims over the settlement, saying such claims should be kept āto a minimumā in class actions.
A judge has resigned before delivering judgment in litigation that went to trial in 2020, and the colleague assigned the unenviable task of issuing a ruling has taken a swipe at his departing peer, noting the absence of medical or other evidence to explain her “unwillingness” to see the case through.
SkyCity may be the first company to test the strength of AUSTRAC’s claims in court, according to a judge who recently said in a separate case that the regulator’s habit of agreeing to penalties could give rise to a “moral hazard”.
A court has queried Nuix’s claim for $500,000 in discovery expenses in an unsuccessful suit by former CEO Edward Sheehy over share options, and has said the legal bill of Sheehy would be taken into account in calculating Nuixās costs.
A judge has questioned an $11 million settlement in a class action against retirement village provider Aveo, resolving to appoint a contradictor and a costs referee amid a dispute between the plaintiff law firm and its litigation funder, which the court heard has āgrave concernsā about the costs incurred in the case.
A judge has dismissed Uberās application to trim down a class action brought by taxi and hire car drivers in four states over the introduction of UberX, finding that cutting claims related to the hire care driver group would cause “real prejudiceā.