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Court approves $26M settlement in Scenic Tours class action
Class Actions 2023-07-14 9:53 pm By Gareth Baker

A court has approved a $26 million settlement in the long-running class action against cruise operator Scenic Tours, with $7 million earmarked for litigation funder Legal Justice.

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Covidien, TFS pelvic mesh class action settles with remaining defendants
Product Liability 2023-07-05 3:59 pm By Christine Caulfield

A class action over pelvic mesh products supplied by device makers Covidien and TFS has reached a global resolution with the manufacturers and their insurers which brings the recovery total in settled mesh class action close to $450 million.

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Cruise class action wins $23M settlement from Scenic Tours the hard way
Class Actions 2023-06-08 1:46 pm By Sam Matthews

Cruise operator Scenic Tours has agreed to settle a long-running class action with travellers who were promised a ā€œonce in a lifetime cruise along the grand waterways of Europeā€ but were instead forced to take the bus, after almost ten years of litigation that went all the way to the High Court.

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Lawyer who filed defence in losing case wins appeal of personal costs order
Appeals 2023-04-27 3:13 pm By Christine Caulfield

A lawyer’s role in litigation is not to draw conclusions on the existence of facts or the outcome of a case, an appeals court has ruled in throwing out a personal costs order against a solicitor for filing a defence in a case his client ultimately lost.

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Scenic Tours can cross-examine group members in cruise class action
Class Actions 2023-04-26 10:55 pm By Cat Fredenburgh

A judge has ruled Scenic Tours can cross-examine class action members without seeking approval from referees, who will oversee a process for assessing amounts owed to them, after the tour operator mostly lost its appeal of a judgment that put it on the hook for damages to disappointed cruise goers.

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Scenic Tours can’t dodge $10M damages ruling in cruise class action
Competition & Consumer Protection 2023-04-20 10:45 pm By Sam Matthews

Cruise operator Scenic Tours is stuck with a $10 million damages bill but has avoided paying for disappointed travellerā€™s flights, after an appeals court mostly rejected its appeal of an award to travellers who were promised a ā€œonce in a lifetime cruise along the grand waterways of Europeā€ but were instead forced to take the bus.

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Opal Tower engineer’s status as Icon subcontractor enough for class action indemnity, trial told
Insurance 2023-03-15 4:14 pm By Cindy Cameronne

Opal Tower engineer WSP is battling insurers for builder Icon over coverage for the costs of a class action by residents, telling a court on Wednesday that Icon was liable for alleged structural defects in the building despite having subcontracted the structural design to WSP.

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Sparke Helmore wins reversal of $285,000 negligence judgment
Appeals 2023-02-22 4:30 pm By Sam Matthews

An appeals court has thrown out a $285,000 negligence judgment against Sparke Helmore over two sales contracts worth $1.5 million and rejected a NSW developerā€™s attempts to squeeze the law firm for a heftier damages bill.

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TFS pelvic mesh class action reaches partial settlement
Class Actions 2023-02-22 12:48 pm By Sam Matthews

A class action filed on behalf of women injured by allegedly defective pelvic mesh products has reached a settlement with the insurer of defunct device maker TFS Manufacturing.

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Opal Tower engineer must hand over policies, bank records in class action coverage spat
Insurance 2022-09-20 2:34 am By Christine Caulfield

Opal Tower structural engineer WSP has been ordered to produce all professional indemnity policies covering its work on the defective building in a lawsuit against insurers for builder Icon, despite arguing for the “commercial sensitivity” of the information.

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