Resolving a split between courts, the High Court has confirmed that judges have power to make soft class closure orders, which require class action members to register before mediation to participate in any resulting settlement.
An appeals court has rejected Dexus’ challenge to a finding that it must sell its 50 per cent stake in Sydney’s largest suburban shopping centre to Macquarie Retail, saying its arguments contradicted the “evident commercial purpose” of the contracts at issue.
A Dexus property fund has argued that a judge went the “wrong way” in deciding that it was forced to sell its 50 per cent stake in Sydney’s largest suburban shopping centre to Macquarie Retail.
A finding that Noumi’s production of a PwC report to ASIC didn’t constitute waiver of privilege provides clarity that voluntary disclosure agreements can protect confidential information, but care must still be taken, lawyers say.
The government of India has overturned a finding that it couldn’t dodge a $111.3 million arbitral award in a dispute with three Mauritian companies, with an appeals court finding it did not waive foreign state immunity in the case.
Class action settlements leaped in value last year, with three settlements topping the $200 million mark.
Hino Motors has agreed to pay $87 million to settle a consumer class action alleging it misrepresented that its vehicles met Australian emissions and road standards over a 20-year period.
An appeals court has overturned a finding that food company Noumi waived privilege over a PwC report commissioned by Ashurst, which it produced to ASIC under voluntary disclosure.
CBA has attacked two failed class actions’ “misguided” appeal, arguing that requiring companies to disclose incomplete information to shareholders would distort the market.
The Full Court has heard that a judge’s finding on materiality in two failed shareholder class actions against CBA could have “troubling” repercussions for insider trading cases and must be overturned.