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On The Run won’t file ‘test case’ appeal of class closure judgment
Class Actions 2021-02-10 4:05 pm By Miklos Bolza

The employing entity behind convenience store chain On the Run has said it will not appeal a judgment tossing a class closure bid prior to mediation, saying that it did not want to launch a “test case” in the Federal Court.

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Judge rejects class closure bid ahead of mediation in On The Run class action
Class Actions 2021-02-08 12:35 pm By Miklos Bolza

A judge has rejected a class closure order application by the lead applicants in a class action against convenience store chain On The Run ahead of mediation, finding that the court does not have power to make such an order at a “relatively early” stage in a class action.

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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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Gilbert + Tobin faces appeal by Sydney businessman Charif Kazal
Appeals 2020-08-03 1:09 pm By Cat Fredenburgh

Sydney businessmen Charif and Tarek Kazal have appealed a ruling that found their claims against Gilbert + Tobin over an alleged dishonest scheme to rob them of a 50 per cent stake in a lucrative Sydney waste facility were “fundamentally incoherent”.

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Judge appoints receiver, not liquidator to hotel to avoid COVID-19 misunderstanding
Restructuring & Insolvency 2020-06-12 12:32 pm By Christine Caulfield

To avoid a creditor panic in the midst of the COVID-19 health crisis, the NSW Supreme Court has appointed a receiver instead of a liquidator to a rural hotel that is the centre of a deadlocked shareholder dispute over more than $2.7 million.

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Scenic Tours passengers can claim damages for disappointment, High Court rules
Class Actions 2020-04-24 11:14 pm By Christine Caulfield

Passengers on a European river cruise operated by Scenic Tours can claim damages for disappointment after they were forced to take buses for most of their luxury tour, the High Court has ruled.

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Spain appeals $375M ruling in arbitration spat over energy investments
Arbitration 2020-03-24 1:16 pm By Christine Caulfield

The Kingdom of Spain is keeping up its fight against the enforcement of two arbitration awards putting it on the hook for paying two investment companies $375 million.

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Court rules international passengers can join Scenic Tours class action
Class Actions 2020-03-09 10:41 am By Cat Fredenburgh

International passengers from five countries have been given the go-ahead to join a class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways to include.

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Spain ordered to pay $375M in arbitration dispute
Arbitration 2020-02-24 8:44 pm By Alison Eveleigh

The Kingdom of Spain must pay $375 million after it failed in its bid to claim sovereign immunity from the enforcement of two foreign arbitration awards related to renewable energy investments.

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Lawyers can advance potential new class action against Scenic Tours over disrupted European cruises
Class Actions 2019-09-27 8:20 pm By Amelia Birnie

Lawyers pursuing a class action against Scenic Tours on behalf of passengers whose European cruises were interrupted by severe flooding have been granted preliminary discovery as they weigh a second multi-million dollar class action against the company over cancellations caused by last year’s severe drought conditions.

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