A law firm partner has avoided personal liability for costs after expert reports were filed late in a dispute with developer Mirvac over alleged defects in a Sydney apartment complex, having walked back an appeal to “competing commitments” that didn’t wash in court.
A judge has refused to allow an owners corporation to serve late expert evidence in its case against developer Mirvac over alleged defects in a Sydney apartment complex, saying a solicitor’s explanation about “competing commitments” was inadequate and “a circumstance shared by most members of the legal profession”.
A funder that was bankrolling a class action against restaurant chain Fogo Brazilia alleging it misled franchisees about the profitability of its businesses has “pulled the pin” on the case, with the law firm running the proceeding agreeing to act on a no win, no fee basis.
Jemena Gas has lost its bid for a court to determine a preliminary question in a case by billboard company Manboom that claims the presence of underground gas infrastructure at a site in Mascot, NSW that supplies gas to 1.6 million customers amounts to trespassing.
The majority shareholders of vitamin giant Nature’s Care have been hit with the costs of the company’s failed bid for an injunction against its founding family, after a judge found the shareholders appear to have caused proceedings to be commenced as part of a strategy to “override the rights” of the family.
The current owners of vitamin giant Nature’s Care have lost a bid to extend an urgent injunction against the company’s founding family amid fears they were trying to regain control of the corporate group, with a judge finding the family may faced oppressive conduct themselves.
Telstra has won its bid to vacate a hearing in a case by former contractor Kingfisher Mobile seeking to bar the telco from migrating customers to a new mobile services provider, after a judge found Kingfisher’s delay in filing the case meant meeting the date would be unfair.
Telstra will oppose a bid by former contractor Kingfisher Mobile to bar the telco from migrating customers to a new mobile services provider, saying that undoing the move would be like “turning around the Titanic”.
Kingfisher Mobile, which provides mobile services to Telstra customers, has taken the telecommunications giant to court for allegedly breached its contractual obligations when it engaged a new provider to take over from Kingfisher.
Acciona has prevailed in a fight with subcontractor EnerMech over a $10 million progress payment, which a judge found was instead an attempt by EnerMech to claim a credit in relation to security paid to Acciona.