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Monster Energy’s costs estimate in patent case ‘monstrous’, court told
Intellectual Property 2023-06-28 1:43 pm By Cindy Cameronne

An inventor who claims Monster Energy infringed his patent for laser etched pull tabs is fighting the beverage giant’s bid for $150,000 in security for costs, saying its estimates were “monstrous”.

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Clive Palmer’s Mineralogy suffers loss in $4B spat with CITIC
Energy & Natural Resources 2023-06-28 11:25 pm By Cindy Cameronne

Mining magnate Clive Palmer and his company Mineralogy have lost a bid to amend one of two cases that claim losses totalling $4 billion against CITIC after a judge found the amended claims would be “unfairly general”.

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NIB wins unpaid loans from Whitecoat developer after $42.5M sale to CBA
Healthcare 2023-06-28 4:02 pm By Gareth Baker

The developer of healthcare directory app Whitecoat must pay health insurer and joint venture partner NIB $1.6 million for loans that were never repaid following the app’s sale to the Commonwealth Bank for $42.5 million in 2021. 

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Lawyer shielded by advocate’s immunity for omission of claim against builder: appeals court
Appeals 2023-06-28 2:42 pm By Cindy Cameronne

An appeals court has held that a Sydney solicitor can’t be sued for negligence for a failure to include a breach of contract claim in a building dispute, saying the lawyer was protected by advocate’s immunity because his decision was “intimately connected” with the litigation.

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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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ASIC’s power to order fines for Credit Code violations won’t face challenge
Financial Services 2023-06-27 11:54 pm By Cindy Cameronne

Queensland lender SunshineLoans has lost its second bid for the Full Court to decide whether ASIC has the power to bring civil penalty proceedings for violations of the Credit Code, with a judge finding its arguments were not strong enough to vacate an upcoming trial.

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Hannover Life scores partial win against tax office over GST credits
Tax 2023-06-27 5:18 pm By Gareth Baker

Hannover Life Re should be allowed tax credits for GST paid on a share of its overheads, including rent and power, a judge has found in a partial win for the reinsurer.

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Nine can rely on reputation evidence in Euro Pacific CEO’s case
Defamation 2023-06-27 4:35 pm By Cindy Cameronne

Nine has partially won its bid to include evidence about the reputation of Euro Pacific CEO Peter Schiff in an attempt to minimise the damages it will owe after abandoning its substantive defences in defamation proceedings by the bank boss.

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Sour grapes as Champagne growers appeal trade mark decision
Intellectual Property 2023-06-27 4:18 pm By Gareth Baker

The French association representing wine producers from Champagne is appealing a recent trade mark loss to an Australian health retailer, claiming a product being sold on Aussie shelves is using its coveted name without assurances it originates from the French region. 

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Sanofi defeats government’s $325M appeal over generic Plavix ban
Intellectual Property 2023-06-26 4:00 pm By Cindy Cameronne

Drug maker Sanofi-Aventis is not liable for the federal government’s losses for excess subsidies paid for the blood-thinner Plavix after an allegedly unjustified court injunction prevented the release of a generic version of the blockbuster drug, an appeals court has found.

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