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NAB, HSBC should pay for Dick Smith receivers’ court loss, judge hears
Restructuring & Insolvency 2021-12-15 6:15 pm By Miklos Bolza

National Australia Bank and HSBC should be “jointly and severally liable” to pay a portion of the costs of a failed case brought by Dick Smith’s receivers against the company’s former directors because the banks stood to gain financially if the lawsuit was successful, the NSW Supreme Court has heard.

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Opal Tower engineer wins bid to probe scope of insurers indemnity of Icon
Class Actions 2021-12-02 4:54 pm By Miklos Bolza

The structural engineer behind Sydney’s ill-fated Opal Tower can examine whether builder Icon Co has been indemnified for $31 million worth of damage which occurred in the 36-storey apartment block on Christmas Eve of 2018, a court has found.

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AMA Group taken to court over $5.5M smash repair acquisition
Contracts 2021-11-16 5:40 pm By Miklos Bolza

Automotive repair specialist AMA Group has been sued by two Gosford-based smash repair businesses claiming they were not paid enough when they were purchased for $5.5 million in October 2018.

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Lendlease, Acciona lock horns over $160M engineering acquisition
Contracts 2021-10-26 3:30 pm By Miklos Bolza

Infrastructure developers Lendlease and Acciona are suing each other for tens of millions of dollars over alleged losses stemming from Acciona’s $160 million acquisition of Lendlease’s engineering business, which saw it take over the Gawler rail project in South Australia.

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Ex-Dick Smith CFO to appeal $43M victory for NAB
Restructuring & Insolvency 2021-10-07 6:25 pm By Miklos Bolza

Dick Smith’s former CFO will appeal a $43 million judgment in favour of National Australia Bank over his role in the retailer’s collapse.

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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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Banks lose cases against directors over $2.8B collapse of steel giant Arrium
Restructuring & Insolvency 2021-08-17 12:15 pm By Christine Caulfield

A judge has dismissed two cases brought by the Commonwealth Bank, Westpac and other lenders against directors of the failed steel giant Arrium, saying he was not satisfied the directors’ representations on loan drawdown notices were false or that the company was insolvent when it went into voluntary administration in April 2016.

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Arrium settlement was a ‘substantial compromise’, judge says
Restructuring & Insolvency 2021-07-05 4:05 pm By Cat Fredenburgh

A settlement reached in a lawsuit by the liquidators of collapsed steel giant Arrium against 10 former company directors accused of insolvent trading has been approved by a judge, who noted that while the settlement amount was “substantial”, the deal involved a “substantial compromise”.

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NAB wins $43M judgment against ex-Dick Smith director but receivers walk away empty handed
Restructuring & Insolvency 2021-06-15 4:47 pm By Miklos Bolza

A judge has awarded $43 million to National Australia Bank in its lawsuit against former directors of failed retailer Dick Smith, but threw out claims against company directors brought by HSBC and the retailer’s receivers.

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HWL Ebsworth faces $130M negligent advice case by ex-client
Real Estate 2021-06-08 4:45 pm By Cindy Cameronne

A former client is seeking damages of up to $130 million from HWL Ebsworth in a lawsuit accusing the law firm of giving negligent advice on a joint venture to develop land.

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