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Mystery funder in WestConnex class action can’t escape security for costs
Class Actions 2022-08-10 1:13 pm By Sam Matthews

An appeals court has rejected a bid to challenge a decision forcing an unnamed litigation funder to give $415,000 in security for the NSW government’s defence costs in a class action alleging the fraudulent acquisition of land for the construction of the $16 billion WestConnex tunnel.

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Globaltech’s mining survey patent faces second challenge
Appeals 2022-08-10 10:58 pm By Cat Fredenburgh

A Globaltech patent for mining survey tools is facing another test, with rival technology company Reflex Technologies lodging an appeal after its invalidity challenge flopped.

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‘Tear it up’: Judge censures silk in $650M Mercedes-Benz dealer lawsuit
Trials 2022-08-08 11:31 pm By Cindy Cameronne

A court has directed a senior barrister acting in a $650 million lawsuit against Mercedes-Benz to “tear up” a letter his instructing solicitors sent concerning the judge’s ownership of a Mercedes vehicle, and said he was “surprised” the counsel signed off on it.

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Nimble Money wins appeal in shareholder’s bid to peek at books
Financial Services 2022-08-08 11:03 pm By Cindy Cameronne

The largest shareholder in payday lender Nimble has lost its challenge to a decision blocking it from accessing company documents about an impending debt refinance, with an appeals court finding the investor’s concerns had “an air of commercial unreality”.

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Full Court shoots down appeal by former Blue Star Helium CEO
Appeals 2022-08-08 6:14 pm By Sam Matthews

The Full Federal Court has dismissed former Blue Star Helium CEO James Cruickshank’s challenge to a $40,000 penalty and four-year ban for failing to disclose to shareholders the identity of the buyer behind a botched sale of Texas oil assets.

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Mitsubishi loses appeal, court finds Triton fuel economy label misleading
Competition & Consumer Protection 2022-08-05 2:37 pm By Cindy Cameronne

Mitsubishi Motors has lost its legal challenge to a decision that found it made misleading fuel efficiency representations on a label affixed to the windshield of a Triton 4WD sold in 2017.

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Mercedes-Benz can’t access chats with Labor senator in $650M dealer suit
Competition & Consumer Protection 2022-08-04 11:29 pm By Cindy Cameronne

Mercedes can’t access communications between Australia’s peak body for car dealers and a Labor senator to use in its defence of a $650 million lawsuit over its decision to move to a fixed-price agency model.

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Citing ‘leisurewear effect’, judge says Brambles class action witness should testify in person
Class Actions 2022-08-03 1:52 pm By Sam Matthews

A judge has rejected a bid by chain logistics company Brambles to allow two of its US-based witnesses to appear remotely at an upcoming trial in a shareholder class action, saying the executives should make the trip or give no evidence.

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Mercedes bullied car dealers, called them ‘baby piglets’, court told
Trials 2022-08-03 11:40 pm By Cindy Cameronne

Officials at the Mercedes-Benz Australia head office referred to car dealers as “baby piglets” in internal communications and threatened and bullied the retailers, a trial court has been told in a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model.

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Mazda’s conduct not just ‘appalling customer service’ but unconscionable, ACCC says
Competition & Consumer Protection 2022-08-02 11:37 pm By Christine Caulfield

A judge was wrong to find that Mazda’s treatment of customers with faulty vehicles was appalling but not unconscionable, and nowhere in his ruling is there an explanation for the distinction, the consumer regulator has told an appeals court.

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