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High Court asked to hear $10B COVID-19 business interruption case
Chief Justice Tom Bathurst 2020-12-18 10:55 pm By Christine Caulfield

The Insurance Council of Australia has asked the High Court to weigh in on its case against COVID-19 related claims in business interruption policies, following its high stakes loss in a ruling last month that found an infectious disease exclusion did not apply.

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Judge slams rejigged opt out notice, funder’s ‘contrivance’ in Suncorp class action
Arnold Bloch Leibler 2020-08-13 4:58 pm By Miklos Bolza

A judge has criticised a revised opt out notice in a class action against Suncorp over allegedly conflicted remuneration and again slammed the funder backing the case for sending a “disturbing” letter to group members contrived to achieve a commercial advantage.

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Judge slams opt out notice, ‘disturbing’ funder letter in Suncorp class action
Chris McMeniman 2020-07-21 10:40 pm By Alison Eveleigh

A judge overseeing a class action against Suncorp over alleged conflicted remuneration has questioned a proposed opt out notice telling group members they should sign up with the funder backing the case or it might not proceed.

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Virgin bondholders fail to get hands on confidential Bain Capital sale docs
Clayton Utz 2020-07-10 1:15 pm By Alison Eveleigh

Virgin Australia unsecured bondholders contesting the sale of the embattled airline to private equity firm Bain Capital have failed in their bid to access confidential transaction documents, but a judge has urged the administrators to communicate with the frustrated creditors.

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Court tosses appeal over botched $1.4B Babcock & Brown acquisition
Bernice Ng 2020-06-29 9:27 pm By Alison Eveleigh

A private investment fund has failed again in its bid for damages from collapsed global advisory firm Babcock & Brown over a botched $1.4B acquisition of a US-based laundry equipment provider.

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Aurora Funds loses challenge to ruling over soured Molopo Energy takeover
Andrew Broadfoot 2020-04-21 12:56 pm By Christine Caulfield

A court has upheld two decisions by the Australian Government Takeovers Panel that a bid by asset manager Aurora Funds Management to replace Molopo Energy’s directors was made in “unacceptable circumstances”.

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Spain appeals $375M ruling in arbitration spat over energy investments
Appeals 2020-03-24 1:16 pm By Christine Caulfield

The Kingdom of Spain is keeping up its fight against the enforcement of two arbitration awards putting it on the hook for paying two investment companies $375 million.

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Spain ordered to pay $375M in arbitration dispute
Arbitration 2020-02-24 8:44 pm By Alison Eveleigh

The Kingdom of Spain must pay $375 million after it failed in its bid to claim sovereign immunity from the enforcement of two foreign arbitration awards related to renewable energy investments.

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Ashurst partner’s appeal flops in Point Piper property spat with ex-judge
Appeals 2020-01-06 2:35 pm By Miklos Bolza

An Ashurst partner that argued a judge was “confused” when he decided to appoint liquidators to his luxury Point Piper home in a dispute with an ex-judge neighbour has lost his challenge to the ruling.

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‘Only I get to use Latin’: Unconscionable conduct claim is in, ‘inter alia’ is out in Suncorp class action
Arnold Bloch Leibler 2019-12-16 9:27 pm By Miklos Bolza

The judge overseeing a conflicted remuneration class action against Suncorp has allowed the class to bring an unconscionable conduct claim, but put the kibosh on the plaintiff’s use of the phrase ‘inter alia,’ saying “only I get to use Latin”.

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