Justice Ashley Black

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”.

ASIC may reconsider its approach to claims against non-executive directors after failing to prove that three NEDs of Rex had actual knowledge that the failed budget airline did not have a reasonable basis for a rosy profit forecast, experts told Lawyerly. 

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. 

The liquidators of a NSW coal mine formerly owned by Sanjeev Gupta’s GFG Alliance have applied to the court to disclaim a deed under which GFG paid handsome royalties to former owner Glencore. 

Kicking off its appeal of a finding that it couldn't walk away from a $672 million merger agreement with Mayne Pharma, US drug company Cosette has told a court that Mayne was not upfront about its financial position prior to the deal.

US drug maker Cosette is appealing a judge’s decision not to disqualify himself from Mayne Pharma's lawsuit seeking damages over the termination of their $672 million if he is appointed to case manage the dispute. 

An ASX statement from budget airline Rex that was optimistic about its 2023 profit prospects should have been corrected by April, ASIC has told a judge, disputing claims that the statement was not a forecast but merely an expression of what the board hoped for. 

It ditched a planned $627 million union, now US drug maker Cosette must pay more than $13 million toward Mayne Pharma's costs of the legal fallout. Whether it owes the "substantial damages" Mayne is claiming is an issue for another day.

ASIC has wrapped up its case against regional airline Rex without evidence from its former executive chairman, who reversed course this week and admitted he misled investors and breached his directors duties.

The former executive chairman at regional airline Rex has admitted ASIC’s claims that he misled investors about the company’s position and breached his directors duties and may give evidence for the corporate watchdog, a court has heard.