The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity policy is entitled to indemnity from an insurer when it relied on income and liability warranties in a share sale agreement and those warranties were breached, a case that provides welcome guidance on the contractual interpretation of W&I policies, writes Justin McDonnell and Rebecca LeBherz of King & Wood Mallesons.
The Takeovers Panel has found that while a $2.5 million break fee included in a $470 million takeover offer lobbed during a bidding war for Western Australia power supplier Pacific Energy was not a “common market approach”, it was not anti-competitive or coercive.
Google has slammed landmark regulatory action brought by the Australian Competition and Consumer Commission over the collection and use of location data on Android devices as “cherry-picked”, saying the watchdog had read alleged misstatements by the tech giant out of context.
The former chief financial officer of Murray Goulburn has asked a judge to relieve him from any disqualification order sought by the corporate watchdog in its case over his alleged role in the milk supplier’s continuous disclosure breaches, saying he is already the subject of orders that ban him from the dairy industry.
A specialist IP law firm has launched preliminary discovery proceedings against HWL Ebsworth after one of its lawyers jumped ship.
The Australian Securities and Investments Commission wants to investigate the conduct of a Worrells partner in relation to the winding up of Members Alliance Group, a group of property investment companies whose 2016 collapse stripped creditors of over $40 million and left its director facing fraud charges.
Monster Energy has launched another Federal Court case against Vittoria Food & Beverage seeking to block the coffee maker from trading on the popularity of its Mother energy drink brand, and the beverage giant will have to convince the court that its brand is not so strong that confusion among consumers is not likely.
A former pre-insolvency advisor has been sentenced to four and half years in prison for siphoning money from defunct Telstra dealer Cap Coast Telecoms prior to it being voluntarily wound up.
Litigation funder Augusta Ventures has brought its promised appeal of a groundbreaking ruling that put it on the hook for paying security for costs in an employment class action over the classification of casual mine workers.
Australian drug maker Juno Pharmaceuticals has hit back at claims it is infringing the patent for US-based Pfizer’s post-operative pain killer Dynastat, saying the patent is invalid.