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India may take ruling over foreign state immunity waiver to High Court
Arbitration 2023-11-10 11:03 am By Sam Matthews

The government of India has flagged a possible special leave application if it loses its appeal of a decision finding it can’t avoid a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites because it waived its foreign state immunity.

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Permanent stay of case should be ‘measure of last resort’, High Court says
High Court 2023-11-01 3:51 pm By Cindy Cameronne

The High Court has refused to throw out a personal injury case over 55-year-old child sexual abuse claims, despite the death of the alleged perpetrator and most relevant witnesses, saying a permanent stay is a “measure of last resort”. 

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India can’t avoid $111.3M arbitral award over aerospace investments
Arbitration 2023-10-24 4:16 pm By Cindy Cameronne

The Indian government has lost its bid to dodge a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites, with a judge finging the country waived its foreign state immunity. 

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Top Dick Smith execs drop High Court appeal against receivers
Restructuring & Insolvency 2023-10-10 11:02 pm By Christine Caulfield

Two former Dick Smith executives have settled with the receivers of the defunct electronics retailer, dropping a High Court appeal over an $11.8 million ruling.

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Berejiklian’s ICAC challenge must run ‘expeditiously’, says judge
Public Corruption 2023-10-09 11:26 am By Cindy Cameronne

A judge has set down former NSW premier Gladys Berejiklian’s bid to overturn a corruption finding by ICAC for a hearing in February and urged both sides to run the case expeditiously, saying speed would be a “hallmark” of the proceedings.

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Obeids, Ian Macdonald lose appeal of conviction for bid-rigging conspiracy
Crime 2023-10-06 10:15 pm By Cindy Cameronne

Former Labor members Ian Macdonald, Eddie Obeid and his son Moses will remain in prison after losing a challenge to convictions for conspiracy to rig a tender process and secure a coal mining exploration licence for the Obeids’ land in the Bylong Valley.

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High Court to clarify availability of pooling orders
Restructuring & Insolvency 2023-09-18 9:55 pm By Cat Fredenburgh

The High Court has agreed to take up a case by a liquidator for two related NSW printing companies that could settle the question of whether pooling orders are available for businesses with common right to sue.

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Peter V’landys stuck with defamation loss after High Court declines special leave
Defamation 2023-09-15 3:59 pm By Cat Fredenburgh

Racing NSW CEO Peter V’landys AM has failed in his bid to have the High Court take up his challenge to an appeals court ruling that found an ABC report on the killing of racehorses was not defamatory despite not being high quality journalism.

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High Court greenlights NZ apartment block class action against Irish insurer
High Court 2023-08-08 11:36 pm By Sam Matthews

The High Court has dismissed a constitutional appeal by Irish insurer Zurich, clearing the way for a class action over an allegedly defective New Zealand apartment block to proceed in the NSW Supreme Court.

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Resort not vicariously liable for actions of urinating employee, High Court says
High Court 2023-08-02 10:14 pm By Cat Fredenburgh

The High Court has found a Whitsundays resort is not vicariously liable for the actions of an employee who urinated on his roommate in staff accommodation after a night of drinking, finding the act had “no real connection” to his employment.

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