A class action against Carnival over a COVID-19 outbreak aboard its Ruby Princess cruise ship has told the Full Court the lead applicant is entitled to damages “far in excess” of the $4,000 awarded by the trial judge for distress and disappointment.
Cruise operator Carnival PLC has mounted a cross-appeal aimed at overturning a judge’s finding that it negligently failed to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship, telling the Full Court that the primary judge’s findings were not consistent with his reasons.
Several insurers have won a dispute with two Melbourne businesses about whether an industrial special risks policy can cover losses suffered during COVID-19 lockdowns, with a judge finding the policy did not respond just because there were recorded cases in Melbourne.
Four insurers have argued that class actions over alleged business interruption losses during the height of the COVID-19 pandemic should be de-classed, with one insurer saying group members cannot “go behind” a Full Court decision denying coverage for certain policyholders.
Subcontractor EnerMech has won an appeal in its fight against Acciona over a $10 million progress payment for work on the Westconnex M4-M5 link, with an appeals court finding the question of whether EnerMech’s claim was a payment claim for construction work was a matter for an adjudicator, not the court.
The liquidator of a security firm that collapsed after being sued over Victoria’s hotel quarantine debacle has taken the firm’s former lawyers, Clyde & Co, to court.
A judge has raised concerns about bids to declass group proceedings over alleged business interruption losses during the height of the COVID-19 pandemic, saying the thousands of policyholders who registered for the class actions might reap more from the cases than making claims directly with their insurers.
Global insurance law firm Clyde & Co has shown six of its partners in Australia the door and will create a new salaried partner position to cope with high competition in insurance law, with the partnership having decreased by a third in the last 18 months.
The co-owners of Pacific Werribee shopping centre in Victoria have largely won their bid for insurance documents as they weigh a second case against collapsed construction company, allegedly worth up to $335 million.
Kennedys has lured a team of 16 from Clyde & Co, including three partners, to bolster its insurance practice group, the latest raid on its rival firm.