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Perth builder Hanssen loses ‘extraordinary’ appeal in $7.6M spat with strata company
Construction 2024-07-29 11:43 pm By Andy Sidler

An appeals court has knocked back builder Hanssen’s attempt to dodge a decade-old dispute over repairs to one of its residential buildings on constitutional grounds, saying the Perth company’s argument would precipitate an “extraordinary” result if accepted.

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Class action members have broader limitations protection than lead plaintiffs: appeals court
Class Actions 2024-05-09 2:37 pm By Cindy Cameronne

Group members enjoy broader protection against the running of limitation periods than lead plaintiffs in class actions, an appeals court has said in finding that commercial fishing operators heading a class action against Gladstone Ports could not bring new claims out of time. 

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Despite conflicts, ASIC loses fight over insolvency partners’ remuneration
Restructuring & Insolvency 2023-09-01 11:04 pm By Christine Caulfield

Two former Ferrier Hodgson partners had conflicts of interest when they accepted appointments as administrators of a failed pig farm operation, an appeals court has found, but their remuneration won’t take a hit as a result.

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Forge Group defeats challenge to insider trading case over $187M sale
Appeals 2023-02-02 5:54 pm By Cindy Cameronne

Collapsed engineering firm Forge Group has defeated an appeal seeking to block its liquidators from bringing a case against engineering company Clough Limited for alleged insider trading during the 2013 sale of a $187 million stake in the company.

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Palmer salvages defence in spat with CITIC over $5.8B Sino Iron project
Energy & Natural Resources 2022-03-09 1:33 pm By Miklos Bolza

An appeal by billionaire Clive Palmer and his mining company Mineralogy has succeeded in reinstating parts of their defence attacking the state of mind of Hong Kong-based conglomerate CITIC in allegedly applying commercial pressure over the $5.8 billion Sino Iron project in Western Australia.

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Western Power can’t palm legal costs onto Thiess for bushfire class action loss, court finds
Class Actions 2021-11-05 2:20 pm By Cindy Cameronne

Western Power is not entitled to palm off the legal costs of defending a class action after an appeals court found it was negligent in causing the January 2014 Perth Hills bushfire which destroyed 57 homes, a court has said.

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Judge dodges defamation suit by kosher inspector accused of not having ‘shem tov’
Defamation 2021-09-20 6:09 pm By Miklos Bolza

A Western Australia Supreme Court judge has dodged a lawsuit by a kosher compliance inspector who alleged he was defamed by an email that claimed the inspector did not have “shem tov”, or a good name, in Perth’s Jewish community.

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Western Power partly liable for 2014 Perth Hills bushfire, appeals court rules
Class Actions 2021-07-05 6:00 pm By Cindy Cameronne

Western Power was negligent in causing the January 2014 Perth Hills bushfire which destroyed 57 homes, an appeals court has found, putting the state-owned electricity company on the hook for the majority of the damage caused to members in the group action.

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‘Trouble and harassment’: Appeals court won’t revive Palmer’s $263M suit against CITIC
Appeals 2021-06-28 4:40 pm By Miklos Bolza

Clive Palmer and his company Mineralogy have lost a challenge to a Western Australia Supreme Court decision staying a $263 million lawsuit against Hong Kong-based CITIC, with an appeals court finding the mining giant’s decision to abandon and relitigate matters amounted to “unjustified trouble and harassment”.

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Court rejects Mineralogy’s claims of ‘sinister’ CITIC conduct in Sino Iron dispute
Energy & Natural Resources 2021-03-29 11:10 am By Miklos Bolza

Clive Palmer and his company Mineralogy will have to press forward with their appeal of a judgment that found their lawsuit against Hong Kong-based CITIC was an abuse of process, after an appeals court dismissed the mining magnate’s allegations of “sinister” conduct by CITIC.

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