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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 traveller’s flights, after an appeals court mostly rejected its appeal of an award to travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” 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 developer’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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Scenic Cruises ordered to pay $10M to passengers forced to take the bus
Competition & Consumer Protection 2022-09-12 10:22 pm By Sam Matthews

A judge has ordered Scenic Cruises to pay just over $10 million to travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus from city to city.

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Opal Tower insurers question reasonableness of class action defence costs
Insurance 2022-09-06 3:27 pm By Cindy Cameronne

Three insurers for builder Icon are planning to test the reasonableness of a structural engineer’s defence costs in a now settled class action brought by apartment owners in Sydney’s ill-fated Opal Tower.

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Appeal lodged in class action by cruise voyagers forced to take the bus
Competition & Consumer Protection 2022-06-24 10:18 pm By Sam Matthews

Cruise operator Scenic Tours is appealing a courtroom loss that could see it owing $25 million in damages in a class action by travelers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus from city to city due to heavy rain and high water levels.

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Sparke Helmore had paralegal ‘at the helm’ of botched land sale, court told
Real Estate 2022-06-21 10:08 pm By Cindy Cameronne

Law firm Sparke Helmore negligently failed to alert a NSW developer to an imminent deadline for two land sale contracts in a troubled $30 million development because a paralegal, rather than a solicitor, was “at the helm”, an appeals court has heard.

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$27M pelvic mesh class action settlement offer pulled amid ‘financial difficulties’
Class Actions 2022-06-01 2:11 pm By Cindy Cameronne

Settlement talks in a class action on behalf of women injured by allegedly defective pelvic mesh products have failed after Astora Health took a long-standing $27 million settlement offer off the table. 

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