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NAB wins $43M judgment against ex-Dick Smith director but receivers walk away empty handed
Restructuring & Insolvency 2021-06-15 4:47 pm By Miklos Bolza

A judge has awarded $43 million to National Australia Bank in its lawsuit against former directors of failed retailer Dick Smith, but threw out claims against company directors brought by HSBC and the retailer’s receivers.

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‘It’s not a good look’: Judge doesn’t want Suncorp class action to ‘hang around’
Class Actions 2021-06-02 9:35 pm By Miklos Bolza

The judge overseeing a conflicted remuneration class action against Suncorp has locked in a trial date for May next year over the protests of the applicants, saying it was “not a good look” for class actions to “hang” around.

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Court to hear another COVID-19 business interruption test case
Insurance 2021-02-24 10:00 pm By Cat Fredenburgh

A group representing insurers has filed another test case over pandemic coverage in business interruption policies, following a landmark loss in a test case concerning an infectious disease exclusion that could cost insurers $10 billion.

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Judge finds Spain not immune from enforcement of $375M arbitration awards
Arbitration 2021-02-02 5:10 pm By Miklos Bolza

The Full Federal Court has granted a limited appeal in the Kingdom of Spain’s challenge to a judgment enforcing a $375 million arbitration award over two renewable energy investments, ordering a redrafting of the primary judge’s orders but rejecting claims that Spain was immune as a foreign state from enforcement of the award.

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High Court asked to hear $10B COVID-19 business interruption case
Insurance 2020-12-18 10:55 pm By Christine Caulfield

The Insurance Council of Australia has asked the High Court to weigh in on its case against COVID-19 related claims in business interruption policies, following its high stakes loss in a ruling last month that found an infectious disease exclusion did not apply.

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Judge slams rejigged opt out notice, funder’s ‘contrivance’ in Suncorp class action
Class Actions 2020-08-13 4:58 pm By Miklos Bolza

A judge has criticised a revised opt out notice in a class action against Suncorp over allegedly conflicted remuneration and again slammed the funder backing the case for sending a “disturbing” letter to group members contrived to achieve a commercial advantage.

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Judge slams opt out notice, ‘disturbing’ funder letter in Suncorp class action
Class Actions 2020-07-21 10:40 pm By Alison Eveleigh

A judge overseeing a class action against Suncorp over alleged conflicted remuneration has questioned a proposed opt out notice telling group members they should sign up with the funder backing the case or it might not proceed.

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Virgin bondholders fail to get hands on confidential Bain Capital sale docs
Restructuring & Insolvency 2020-07-10 1:15 pm By Alison Eveleigh

Virgin Australia unsecured bondholders contesting the sale of the embattled airline to private equity firm Bain Capital have failed in their bid to access confidential transaction documents, but a judge has urged the administrators to communicate with the frustrated creditors.

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Court tosses appeal over botched $1.4B Babcock & Brown acquisition
Corporate 2020-06-29 9:27 pm By Alison Eveleigh

A private investment fund has failed again in its bid for damages from collapsed global advisory firm Babcock & Brown over a botched $1.4B acquisition of a US-based laundry equipment provider.

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Aurora Funds loses challenge to ruling over soured Molopo Energy takeover
Corporate 2020-04-21 12:56 pm By Christine Caulfield

A court has upheld two decisions by the Australian Government Takeovers Panel that a bid by asset manager Aurora Funds Management to replace Molopo Energy’s directors was made in “unacceptable circumstances”.

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