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Connective directors hit with indemnity costs for ‘outrageous’ conduct in shareholder stoush
Securities 2022-04-06 4:55 pm By Miklos Bolza

The directors of mortgage aggregator Connective Services have been hit with indemnity costs for their “outrageous conduct” in pursuing litigation against a company shareholder, including giving false statements and destroying evidence.

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Macquarie a ‘knowing participant’ in Connective shareholder oppression, court says
Corporate 2022-03-28 8:57 pm By Miklos Bolza

Two directors of mortgage aggregator Connective engaged in oppressive conduct towards a minority shareholder and Macquarie Bank was a “knowing participant” when it acquired $5 million worth of shares in the company, the NSW Supreme Court has found.

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Abandoned IVF clinic merger no win for ACCC, judge says
Competition & Consumer Protection 2022-03-01 4:54 pm By Christine Caulfield

The ACCC got what it wanted when IVF providers Virtus Health and Healius terminated a proposed $45 million merger, but it wasn’t a win, a judge has said in mostly denying the regulator’s bid to recover the costs of its court challenge to the deal.

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High Court to hear BHP challenge to foreign investors in class action
High Court 2022-02-18 10:59 pm By Cat Fredenburgh

BHP Group has been granted special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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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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Under ACCC scrutiny, IVF provider Virtus drops $45M Adora acquisition
Corporate 2021-12-17 3:52 pm By Christine Caulfield

IVF company Virtus Health has withdrawn its offer to acquire rival Adora Fertility from Healius, citing the competition regulator’s opposition to the takeover.

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Ex-Tennis Australia president loses bid for $4.3M in indemnity costs against ASIC
ASIC 2021-11-05 9:04 pm By Cindy Cameronne

Former Tennis Australia president Steven Healy has lost his bid for $4.3 million in indemnity costs against ASIC over its failed case over the rights to the Australian Open, with a judge finding the regulator’s case against him had “reasonable prospects of success” before trial.

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IVF provider Virtus’ confidentiality claims ‘border on ridiculous’, judge says
Competition & Consumer Protection 2021-11-03 9:02 pm By Cindy Cameronne

A judge has rejected part of IVF provider Virtus Health’s bid for redactions in a recent decision from the court temporarily blocking the company from purchasing rival Adora Fertility, saying some of the confidentiality claims were “staggering” and “border on ridiculous.”

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Injunction extended in ACCC’s challenge to Virtus’ acquisition of Adora
Corporate 2021-10-25 3:13 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has won an injunction to stop Virtus from completing the purchase of rival Adora Fertility until a court has ruled on the competition regulator’s challenge to the acquisition. 

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Virtus ‘author of its own fate’ if Adora acquisition fails, judge says
Competition & Consumer Protection 2021-10-19 9:30 pm By Cindy Cameronne

IVF provider Virtus Health would be “the author of its own fate” if its proposed acquisition of rival Adora Fertility flopped, a judge has said in hearing the ACCC’s bid for a temporary injunction blocking completion of the planned purchase.

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