Judgments shooting down a class closure order and nixing notice of a possible class closure order were “plainly wrong” and “infected” by faulty reasoning, the Full Federal Court has heard.
An appeal in a class action over Ford’s alleged defective Powershift transmission could blow out by a week, with the applicant filing a cross appeal in a case that comes down to three provisions of the Australian Consumer law given little or no attention by the Full Court.
Ford has challenged its loss in a class action over its allegedly defective PowerShift transmissions, arguing group members who have had their cars repaired are not entitled to damages.
Payday lender Nimble has succeeded in blocking its largest shareholder from accessing company documents relating to an impending debt refinance, with a judge finding the company’s financial woes were due to COVID-19 and not improper conduct by management.
More than 18 months after a split emerged among the courts, the Full Federal Court will weigh in on whether judges have power to shut out unregistered group members from a class action. But given the breadth of the question for the appeals court, the issue is unlikely to be resolved there.
The applicant in a class action against NAB superannuation trustee NULIS has lost his bid to have a judge determine aggregate damages at an initial trial.
The Full Court is set to examine whether the Federal Court has the power to make class closure orders prior to mediation, weighing on one of the biggest unanswered questions vexing the class action regime.
Drug company Ono Pharmaceutical has faced tough questioning by an appeals court in a fight with IP Australia over a decision that secured it a patent extension for its cancer immunotherapy drug Opdivo.
A judge has left open the possibility that aggregate damages could be awarded in a class action against US auto giant Ford on behalf of 185,000 vehicle owners over their defective cars.
Boral has denied that shareholders bringing two class actions against it over financial irregularities in its North America windows business suffered any loss, saying that its systems helped spot and prevent the financial manipulation from continuing.