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Dick Smith CFO stuck with $57M judgment after High Court revokes special leave
Appeals 2023-12-06 4:54 pm By Christine Caulfield

Former Dick Smith CFO Michael Potts is on the hook for paying $57 million in damages to National Australia Bank after the High Court on Wednesday revoked its grant of special leave, finding he did not raise a legal question of public importance.

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Full Court finally sets date for 7-Eleven class action funder’s CFO fight
Class Actions 2023-12-05 11:45 pm By Christine Caulfield

The date has been set for a hearing in the second case to test the argument that judges lack power to make a common fund order when a class action settles, and the litigation funder challenging the argument can expect a sympathetic ear.

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Noumi in talks with ASIC on penalty for continuous disclosure breaches
Securities 2023-12-01 1:38 pm By Cindy Cameronne

Food manufacturer Noumi is trying to reach agreement with the Australian Securities and Investments Commission on a penalty to propose to the court for violating its continuous disclosure obligations by overstating the value of inventory.

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United class action wants to add commission agents, join parent company
Class Actions 2023-11-23 11:35 am By Christine Caulfield

A franchise class action against United Petroleum has asked a court for leave to expand the class action to include a group of commission agents and to add the oil company’s parent as a third defendant.

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ASIC dodges indemnity costs for ‘unreasonable’ rejection of settlement in case against liquidator
Restructuring & Insolvency 2023-11-23 9:21 pm By Cat Fredenburgh

ASIC has escaped an individual insolvency practitioner’s bid for indemnity costs in its failed case alleging illegal phoenix activity, with a judge finding the regulator did not unreasonably reject a settlement offer that would have netted it “a considerably better result” than it won at trial.

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End of the road for Arrium lenders’ case against directors
Financial Services 2023-11-20 11:21 pm By Cat Fredenburgh

The High Court has denied a bid for special leave by the Commonwealth Bank and other lenders to challenge a ruling that found two Arrium directors did not mislead them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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High Court takes up joint venture’s arbitration dispute with Chevron
Energy & Natural Resources 2023-11-17 5:36 am By Christine Caulfield

The High Court will hear a $130 million case by two contractors on Chevron’s Gorgon gas field project, which argue the Western Australia Court of Appeal was outside power to uphold a ruling that set aside an arbitration win.

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India may take ruling over foreign state immunity waiver to High Court
Arbitration 2023-11-10 11:03 am By Sam Matthews

The government of India has flagged a possible special leave application if it loses its appeal of a decision finding it can’t avoid a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites because it waived its foreign state immunity.

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India appeals judgment on $111.3M arbitral award
Appeals 2023-11-09 10:54 pm By Cat Fredenburgh

The Indian government has lodged an appeal after a judge found it can’t avoid a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites.

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GM on hook for costs after settling with lead dealer in Holden class action
Class Actions 2023-11-03 11:15 pm By Christine Caulfield

General Motors is stuck with the full costs of the applicant in a Holden dealers’ class action as part of a settlement with the dealership, despite arguing it had intended by its offer to pay the costs incurred only by the lead plaintiff itself.

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