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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.
Construction PRO
Dennis unit settles class action over Summerlin Parklands development
A settlement has been approved in a class action against a unit of Dennis Corporation, which was accused of wrongly terminating off-the-plan contracts when local property values jumped.
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.
ACCC has ‘strong prima facie case’ against Mastercard, former chair says
Former ACCC chair Allan Fels says the competition regulator appears to have a strong misuse of market power case against Mastercard, but noted the credit card giant may raise arguments about two-sided markets in defending the claims.
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
Watpac loses bid for separate hearing in $180M defects dispute
Builder Watpac has lost its bid for a separate hearing on whether a guarantee provided to the developer of Sydney's One Central Park is time-barred, with a judge saying the question should wait until $180 million in defects claims are determined.