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Construction PRO
Dexus may have been ‘immoral’ in APAC sale, but so what, judge asks
A judge said Tuesday evidence in a case over the sale of a stake in Melbourne Airport's operator might justify a finding that shareholder Dexus acted unethically and immorally. But whether such a finding was relevant to the validity of a default notice at the centre of the suit is another matter.
Construction PRO
Court finds payment claim for lux Sydney development validly served
A judge has ordered the developer of a luxury apartment block in Vaucluse, Sydney to pay builder Reform Projects over $260,000, after finding a payment claim sent to the same email as earlier claims had been validly served.
Court won’t block Westpac from ‘debanking’ Sun Capital Investments
The Victorian Supreme Court has rejected a bid by gold sellers Sun Capital Investments and Australian Gold Capital to stop Westpac from closing its bank accounts, finding there was no serious question to be tried.
BSF, Cigno entitled to lower penalty after relying on Piper Alderman advice: judge
A judge has slapped payday lenders BSF, Cigno and their directors with a combined $7 million in penalties for engaging in unlicensed credit activity, finding a lower penalty was appropriate given they had relied on legal advice from Piper Alderman.
Beach Energy class action needs to tighten up pleading on loss, judge says
A judge has rejected a bid to amend a shareholder class action against Beach Energy, saying the way the applicant had articulated its case on loss by reference to an expert report was “apt to lead to confusion”.
Accenture must face claims exec axed for flagging $40M in underpayments
Accenture has lost its bid for summary judgment in a former HR exec's case alleging she was booted from her role after raising concerns the company could be liable for $40 million in backpay.
‘The court expects more of lawyers’: Judge reams class action litigators
A judge has bawled out lawyers in a case against water treatment firm Phoslock and auditor KPMG for putting forward a High Court ruling for the mistaken proposition that he had power to make the class closure order sought.
Construction PRO
APAC wanted to ‘get rid of Dexus completely’, trial told
APAC issued a default notice to Dexus' infrastructure fund manager for a purported breach of a shareholder agreement during a share sales process to "get rid of" it, a trial has heard.
Construction PRO
Glencore loses appeal in wharfage fee row with Port of Newcastle
Glencore has failed on appeal in a case against Port of Newcastle, with an appeals court finding the coal company could not rely on submissions in litigation leading up to a final determination of the port's access charges.
Construction PRO
Toorak developer can’t access bank guarantees in row over $20M contract
A Toorak developer has been barred from calling on nearly $500,000 in security, with a court finding an allegation against contractor Kronstruct was “irrational and misconceived" and did not result in the alleged $1.6 million loss.