The High Court has agreed to weigh in on whether Mitsubishi can be sued over allegedly misleading fuel efficiency representations on a label affixed to the windshield of a Triton 4WD that was required by law.
Liquidators for collapsed forestry giant Gunns Plantations have lost a High Court appeal over $1.2 million in payments to a former supplier that confirmed the so-called peak indebtedness rule does not apply in Australian insolvency law.
Insolvency practitioners are holding their breath as the High Court hears a case that could abolish a key rule used by liquidators in recouping payments to unsecured creditors at a time when the industry is bracing for a possible recession.
A judge has barred a retired Moore Stephens partner from bringing all but a single claim against a former colleague who allegedly failed to account to the partnership for unauthorised profit in excess of $11 million.
Mitsubishi Motors has lost its legal challenge to a decision that found it made misleading fuel efficiency representations on a label affixed to the windshield of a Triton 4WD sold in 2017.
The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.
Mitsubishi has denied class action allegations that it made misleading fuel efficiency representations on labels affixed to the windshields of over 70,000 Triton Utes, and says it can’t be sued under the Australian Consumer Law because the labels were required by law.
Japanese car maker Mitsubishi Motors has been hit with a class action for allegedly making misleading fuel efficiency representations on over 70,000 Triton Utes sold in Australia since 2015.
A law firm is set to file a class action against Mitsubishi Motors after a judge upheld a ruling that found the car maker engaged in misleading or deceptive conduct in its representations of fuel efficiency on a label fixed to the windshield of a Triton 4WD sold in 2017.
An unsecured creditor of collapsed forestry giant Gunns Group has partially succeeded on appeal of a judgment that ordered repayment of $2 million that Gunns had transferred in 2021 despite trading while insolvent.