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Construction PRO
Court grants developer’s discovery bid for potential claims against lawyers
A Sydney developer who claims his solicitor provided faulty advice relating to a financing facility for a project that went into receivership has been granted access to documents from the lawyer.
Construction PRO
Developer wins appeal in dispute with Sky Gardens builder
An appeals court has reversed a decision awarding $2.1 million to Calibre, the builder of the 'Sky Gardens' residential development in Ryde, finding developer Kalorizkio had validly offset the claim.
Construction PRO
Court blocks examinations over Ray White loans to failed developer
Ray White has secured a stay of examinations of its employees, as a creditor of FSM Development investigates claims the real estate agency's loan agreement with the collapsed Sydney developer was uncommercial.
Construction PRO
Kaloriziko $2M debt for Ryde development not offset by property deal, court finds
A judge has rejected developer Kaloriziko's claim that a property deal involving related parties extinguished a $2.12 million liability to a builder in relation to the construction of the 'Sky Gardens' residential development in Ryde, NSW.
Court finds former Orix boss engaged in fraud, throws out suit against Chubb
A judge has found that former Orix CEO John Carter is not entitled to make claims under a D&O policy, saying he fraudulently failed to disclose to Chubb the payment of alleged secret bribes.
Cooperation not irrelevant in class action beauty parades, appeals court says
An appeals court has backed a decision awarding carriage of a shareholder class action against Downer EDI to two firms that joined their cases, rejecting an argument that it would encourage races to consolidate.
Class action firms that play nice should not have a leg up in beauty parade, court told
Appellate guidance is needed on whether a history of cooperation between law firms that brought competing class actions can be the deciding factor in a close carriage contest, the Victorian Court of Appeal has heard.
Consolidated Downer EDI class action carries the day
Two law firms that were able to "work cooperatively" to join their cases have been awarded carriage of a shareholder class action against mining firm Downer EDI. The judge overseeing the proceedings also approved a group costs order application that proposed a "reasonable rate" of return to the firms.
Three law firms team up in battle to run class action against Downer
The field of competitors in a four-way contest to run a shareholder class action against Downer EDI over a $40 million profit overstatement has narrowed with the consolidation of three cases, leaving one firm to face criticism over its comparative inexperience running group proceedings. 
Liquidator loses appeal to block evidence as ATO aims at 10 year ban
An appeals court has dismissed a challenge by Veritas Advisory principal liquidator David Iannuzzi to the admissibility of evidence submitted by the Australian Taxation Office in the agency's case seeking compensation and a 10-year ban.