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Class action against Zurich over faulty apartments gets go-ahead
Australian Government Solicitor 2021-12-13 5:20 pm By Miklos Bolza

A class action against Irish insurer Zurich Insurance Plc by unit owners of the defective New Zealand-based Victopia Apartments can proceed in Australia after the NSW Supreme Court ruled the case could not be filed elsewhere.

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Worldwide freezing orders not conditional on enforcement prospects, High Court says
ATO 2021-12-08 6:17 pm By Cindy Cameronne

The High Court has granted the ATO’s bid to impose a worldwide freezing order against Chinese property developer Changran Huang, saying the court’s power to freeze assets did not depend on whether there was a realistic possibility of enforcing a judgment in a foreign jurisdiction.

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Sunwater loses dispute with Liberty over coverage for Queensland floods class action
Allens 2021-12-08 3:32 pm By Miklos Bolza

Liberty Mutual Insurance does not have to indemnify dam operator Sunwater for its share of a $440 million settlement of the Queensland floods class action, the NSW Supreme Court has found.

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Macarthur-Onslow family feud over ‘undervalued’ Lendlease land shut down by court
Anne Horvath 2021-08-03 4:56 pm By Miklos Bolza

A court has shut down the latest legal spat between the children of one of Australia’s richest families, finding a lawsuit over a $200 million real estate transaction was not brought in good faith and that running the case was not in the best interests of the company involved in the deal.

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Judge rejects 7-Eleven’s ‘risky’ bid for pre-trial ruling on objections to evidence
7-Eleven 2021-05-03 9:37 pm By Miklos Bolza

A judge has shot down what he called a “risky” but novel proposal by 7-Eleven for a pre-trial ruling on sample objections to the relevance of evidence in two franchise class actions.

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‘Undervalued’ Lendlease land purchase roils one of Australia’s richest families
Ashurst 2021-04-20 5:33 pm By Cindy Cameronne

The children of one of Australia’s wealthiest families are locked in a legal battle, with a judge preliminarily allowing the daughter to bring derivative proceedings against her brother for allegedly giving property developer Lendlease options to buy land owned by the trust for which she is a beneficiary for a “significant undervalue”.

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Surfstitch class action lawyers’ conduct not ‘egregious’, but payout should be capped, judge says
Arnold Bloch Leibler 2021-02-22 3:19 pm By Miklos Bolza

A judge has signed off on a settlement in two shareholder class actions against clothing retailer Surfstitch, but has capped the legal costs and commissions sought by the litigation funders after finding the law firms behind the cases sent out notices to group members that were “misleading” and “understated” the risks of joining the class.

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7-Eleven to face new unconscionability claims in franchisee class action
7-Eleven 2020-11-13 9:18 pm By Miklos Bolza

Two class actions on behalf of 7-Eleven franchisees plan to expand their case against the convenience store chain by adding new allegations of systemic unconscionable conduct.

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Gilbert + Tobin faces appeal by Sydney businessman Charif Kazal
Aitken Lawyers 2020-08-03 1:09 pm By Cat Fredenburgh

Sydney businessmen Charif and Tarek Kazal have appealed a ruling that found their claims against Gilbert + Tobin over an alleged dishonest scheme to rob them of a 50 per cent stake in a lucrative Sydney waste facility were “fundamentally incoherent”.

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Gilbert + Tobin escapes Sydney businessman Charif Kazal’s ‘incoherent’ claims
Aitken Lawyers 2020-07-20 10:43 pm By Christine Caulfield

Law firm Gilbert + Tobin has won the dismissal of claims brought by businessmen Charif and Tarek Kazal over an alleged dishonest scheme to rob them of a 50 per cent stake in a lucrative Sydney waste facility that a judge said was “fundamentally incoherent”.

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