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Insurer Vero dragged into class action over combustible cladding
Class Actions 2023-07-20 11:13 pm By Gareth Baker

A judge has ruled insurer Vero can be added to a class action over allegedly combustible cladding, finding removal of the cladding could be considered “property damage” under the wording of an insurance contract with cladding manufacturer Fairview.

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NSW government on hook for damages in light rail class action
Class Actions 2023-07-19 1:52 pm By Sam Matthews

A judge has found the state of NSW liable to compensate the lead plaintiffs in a class action brought on behalf of small businesses over the “substantial and unreasonable” interference caused by the construction of Sydney’s $3 billion light rail network, but he flagged “significant problems” in applying his findings to thousands of potential group members.

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HWL Ebsworth denies causing client’s loss in $3.5M spat over Dyldam development
Professional Negligence 2023-07-18 10:16 pm By Cindy Cameronne

HWL Ebsworth has admitted it gave a client negligent advice over property in Paramatta’s ‘Auto Alley’ but said the owner’s alleged $3.5 million loss was not caused by the law firm’s mis-step in a transaction with companies linked to the defunct Dyldam Developments.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Construction 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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Ralan liquidators win OK to pursue sales agent, ATO in $18M litigation
Restructuring & Insolvency 2023-07-04 5:03 pm By Sam Matthews

The liquidators of construction giant Ralan have been given the go-ahead to pursue a former sales manager and his wife as well as the ATO with claims worth over $18 million, with a judge finding the collapsed company operated “a type of Ponzi scheme”.

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Stalled $2B Central Barangaroo development in legal privilege stand-off
Construction 2023-06-30 10:47 pm By Gareth Baker

The NSW government and the former developer of a stalled $2 billion Central Barangaroo development project are headed for a discovery showdown in their $270 million stoush, with both sides fighting to protect what they say are privileged communications.

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Developer says Full Court ‘plainly wrong’ in tossing ACCC’s case against NSW Ports
Competition & Consumer Protection 2023-06-22 11:02 pm By Cindy Cameronne

A New South Wales developer will mount a challenge to a Full Court decision that tossed the ACCC’s competition case against NSW Ports over an agreement to privatise two ports, arguing the majority ruling was “plainly wrong”.

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Last chance for class action against NAB to ‘get house in order’, judge warns
Class Actions 2023-06-21 11:17 pm By Christine Caulfield

A judge has admonished a class action applicant over continuing delays in a four-year-old class action against NAB which he said “should not be allowed to languish any longer”.

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Liquidators removed for $69M demand against Billi directors
Restructuring & Insolvency 2023-06-19 4:53 pm By Christine Caulfield

A judge has removed two liquidators as administrators of a defunct company after finding they abused the court’s processes by demanding $69 million in damages from the directors of water filtration business Billi.

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Settlement in class action against CIMIC unit wins approval
Employment 2023-06-13 4:41 pm By Christine Caulfield

A $438,000 settlement in a class action accusing a unit of engineering company CIMIC of underpaying casual aluminium construction and manufacturing workers has won court approval.

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