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‘Author of own misfortune’: Ex-BCEG directors can’t vary freezing orders after $12M judgment
Construction 2023-01-30 5:36 pm By Cindy Cameronne

Two former directors of the Australian unit of BCEG have lost their ā€œurgentā€ bid to vary freezing orders after a judge found they swindled millions from the company to fund their own developments and buy a luxury apartment.

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ā€˜No brainerā€™ that Arrium was failing when directors drew down funds, court told
Restructuring & Insolvency 2022-08-02 11:09 pm By Cindy Cameronne

Several lenders have appealed a ruling that found they failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse, saying it was a ā€œno brainerā€ that the company was in dire straits when its directors sought extra funds.

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Building giant BCEG wins $12M fraud case against former directors
Construction 2022-07-28 6:45 pm By Cindy Cameronne

Chinese construction and engineering firm BCEG has won a $12 million lawsuit against two former directors of an Australian subsidiary after they allegedly swindled millions from the company to fund their own developments and buy a luxury apartment.

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Special leave refused in dispute over $81.8M Parklea Markets sale
David Williams 2022-05-20 3:20 pm By Cindy Cameronne

The High Court has refused Sydney retail personality Con Constantineā€™s bid to challenge a $4.25 million judgment in his favour over the $81.8 million Parklea Markets sale in 2016.

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Insurers defeat appeals in COVID-19 business interruption test cases
COVID-19 2022-02-21 5:11 pm By Christine Caulfield

An appeals court challenge by a group of small businesses seeking coverage under business interruption insurance policies for losses flowing from COVID-19 restrictions has largely failed.

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Arrium lenders hit with extra costs after rejecting $10M settlement offers
Restructuring & Insolvency 2022-01-07 11:27 am By Bianca Hrovat

A group of banks that failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse have been ordered to pay indemnity costs after a court found they rejected $10 million settlement offers three days into the trial.

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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Insurance 2021-11-08 9:42 pm By Miklos Bolza

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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Insurers largely prevail in second COVID-19 test cases
Insurance 2021-10-08 5:13 pm By Christine Caulfield

Insurers have largely succeeded in challenging COVID-19 business interruption losses claimed by a group of small businesses, in an important second test case that could save the industry billions of dollars.

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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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Appeal dismissed in dispute over $81.8M Parklea Markets sale
Appeals 2021-08-18 9:33 pm By Miklos Bolza

Sydney retail personality Con Constantine has lost an appeal seeking to bolster a $4.25 million judgment in his favour over the $81.8 million Parklea Markets sale in 2016.

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