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In win for class, judge says promises in McMillan Shakespeare unit’s warranties were illusory
Class Actions 2019-06-11 11:13 pm By Cat Fredenburgh

Promises to pay out claims under vehicle warranties issued by a unit of car leasing giant McMillan Shakespeare were illusory because of a clause that gave the company “manifestly sweeping” discretion to reject any claim, a judge has ruled, in a victory for a class action over the allegedly worthless financial products.

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ACCC to seek $4M in refunds for Jump! swim school franchisees
Competition & Consumer Protection 2019-06-11 11:03 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission will seek more than $4 million in refunds plus penalties when it takes the troubled operator of the Jump! Swim School franchise and its top executive to court for alleged violations of the Australian Consumer Law.

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East Timor tries again to shut down case over $328M fuel supply contract
Energy & Natural Resources 2019-06-07 9:47 pm By Miklos Bolza

The government of East Timor will appeal a Victorian Supreme Court judgment dismissing its application to throw out a case brought by oil and gas firm Lighthouse Corporation over a failed fuel supply agreement.

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Privilege not waived by Allens lawyer’s inadvertent disclosure, court says
Energy & Natural Resources 2019-06-07 9:26 pm By Amelia Birnie

A court has ordered the plaintiffs in a coal mine development contract dispute to destroy unredacted copies of privileged legal advice that were inadvertently disclosed by a solicitor for Allens, which was acting for the other side.

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Class action by sailors over broken Navy training contract revived on appeal
Appeals 2019-05-31 11:55 pm By Christine Caulfield

An appeals court has overturned a decision dismissing a class action on behalf of enlisted Navy sailors alleging the Commonwealth of Australian breached a contract to train them to earn engineering degrees.

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NAB takes captive insurer, Lloyd’s units to court over coverage dispute
Insurance 2019-05-27 11:06 pm By Miklos Bolza

The National Australia Bank has filed a lawsuit against its Singapore-based captive insurance unit and three syndicates of global insurance giant Lloyd’s seeking coverage for two consumer redress schemes related to the bank’s sale of interest rate hedging products and fixed rate tailored business loans.

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Banknote maker CCL Secure wins dramatic cut of $65M judgment in ‘shabby fraud’ case
Appeals 2019-05-24 10:35 pm By Miklos Bolza

An appeals court has slashed a damages judgment against international banknote manufacturer CCL Secure in a case alleging it tricked its Nigerian agent into signing away his commission, cutting the award from $65 million to $1.8 million.

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Queensland Sugar in sweet victory as Wilmar negligence case dismissed
Contracts 2019-05-13 9:13 pm By Christine Caulfield

Industry-owned Queensland Sugar Limited has succeeded in dismissing a court case brought by Wilmar Sugar Australia after record-high rainfalls led to a $60.8 million loss in 2010.

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East Timor can’t duck $328M fuel supply dispute with Lighthouse Corporation
Energy & Natural Resources 2019-05-07 8:13 pm By Miklos Bolza

The Democratic Republic of East Timor has lost its bid to dismiss a lawsuit brought by oil and gas firm Lighthouse Corporation over $328 million in alleged losses stemming from a failed fuel supply agreement, with a judge finding the court has jurisdiction to hear the case after an ICSID panel declined to arbitrate the dispute.

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Wagners takes Boral to court in costly cement pricing dispute
Construction 2019-04-24 10:04 pm By Cat Fredenburgh

Building products supplier Wagners has taken its largest cement customer, Boral, to court in a dispute over pricing, and will take a $10 million hit to its 2019 earnings as a result.

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