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Viterra can’t dodge indemnity costs in feud over $420M Joe White sale
Appeals 2023-12-08 10:27 pm By Cindy Cameronne

Glencore-owned Viterra must pay indemnity costs to four Joe White employees it dragged into a 10-year feud with Cargill over the $420 million sale of the Joe White business, after a judge found its claims against them were “hopeless from the outset”.

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Viterra loses appeal of Cargill’s $300M win over Joe White sale
Corporate 2023-06-27 3:48 pm By Cindy Cameronne

In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.

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ALP loses challenge to federal takeover ahead of election
Appeals 2022-02-25 9:58 pm By Sam Matthews

Members of the Victorian Labor party and associated unions have lost a bid to overturn a judge’s finding that the pre-selection of ALP candidates in Victorian electorates by federal administrators during their takeover of the state party was lawful.

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MySuper class action back on track with appeals court victory
Class Actions 2021-12-21 4:22 pm By Miklos Bolza

The lead applicant in a superannuation class action against two IOOF units has successfully appealed a decision that barred the case from proceeding under a carveout in Victoria’s Supreme Court Act forbidding class actions involving trust property.

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Judge wrong to shut down MySuper class action, appeals court hears
Appeals 2021-09-27 9:01 pm By Miklos Bolza

A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.

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Great Southern investor’s fight over enforceability of Bendigo Bank loan revived on appeal
Class Actions 2020-02-19 3:26 pm By Christine Caulfield

Two investors in failed Great Southern Group managed investment schemes have lost their latest appeal over a controversial class action settlement deed that allowed Bendigo and Adelaide Bank to enforce loans issued to fund their investments. But a third borrower, who denied he was a member of the class action, has been given the greenlight to defend the bank’s recovery proceedings.

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Employees are priority creditors of insolvent trading trustees, High Court rules
Appeals 2019-06-20 9:08 pm By Miklos Bolza

The High Court of Australia has resolved a nearly 40-year old question of whether employees of a failed company established as trustee of a trading trust have priority over ordinary unsecured creditors.

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High Court to hear mortgage aggregator share transfer dispute
Corporate 2018-12-17 9:29 pm By Miklos Bolza

The High Court has granted special leave to mortgage aggregator Connective in a dispute between the firm’s founder and major shareholders over a transfer of one-third of the company’s shares, in a case that could clarify whether litigation should be considered a prohibited form of financial assistance under the Corporations Act.

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