Judgment

A judge has hit ASX Limited with a $20.5 million penalty after it admitted that a February 2022 statement to the market that its CHESS replacement project was “progressing well” was misleading. 

The liquidators of the Tahmoor coal mine in NSW, formerly owned by Sanjeev Gupta’s GFG Alliance, have lost their bid to disclaim a royalties deed in favour of former owner Glencore, with a judge finding it was not an “unprofitable contract”.

The owner of the Oak Tree Retirement Village has been ordered to pay compensation to a resident following years of poor maintenance of a stormwater drain on adjacent land.

A class action on behalf of public housing residents in the Northern Territory has lost its appeal of a judge's decision to split an upcoming trial. 

Retailer Swim Shady has won a bid for partial removal of two trade marks owned by Eminem, with IP Australia finding the US rapper's alter ego reputation as Slim Shady was not enough to retain the IP.

A judge has found that Heran Group unit York Property can't call on $6.4 million in bank guarantees after finding builder Tomkins has a strong prima facie case that a $17.5 million payment certificate issued under contract to build a 119-Gold Coast residential tower was not authorised.

A court has found that the relationship between the owner and the developer behind a residential subdivision project in Onkaparinga Heights has deteriorated to such a degree that orders requiring them not to abandon the partnership would be of no help. 

A judge has allowed a 50 per cent fee uplift for counsel in an epic fight over lucrative tenements in the Pilbara region, but says the hourly fees of solicitors from the likes of Allens, Clayton Utz and Corrs were already well above market rate.

ASIC has won its case alleging Regional Express failed to correct an optimistic forecast before it entered administration last year, but failed to prove the company's optimism conveyed a "likelihood" or that three non-executive directors had actual knowledge of the collapsed budget airline's declining business. 

A judge has ordered soft class closure in a class action by Queensland police officers and staff over the COVID-19 vaccine, forcing group members to register for the case ahead of settlement talks.