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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Allens 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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GetSwift boss accused by co-founder of misleading him on sale of shares
Competition & Consumer Protection 2022-08-09 11:35 pm By Christine Caulfield

GetSwift managing director and founder Joel Macdonald faces a lawsuit by former Melbourne Demons teammate James Strauss, who helped launch the strife-ridden logistics tech company seven years ago.

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Moray & Agnew resolves case against insurer over $3.7M settlement with developer
Clyde & Co. 2022-07-27 3:16 pm By Christine Caulfield

Law firm Moray & Agnew has reached an agreement with insurer Arch Underwriting in its case seeking coverage of part of a $3.7 million settlement with Melbourne property developer Harry Stamoulis.

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Lloyd’s wins docs to probe basis for Moray & Agnew’s $3.7M settlement
Business of Law 2022-03-16 4:06 pm By Miklos Bolza

Lloyd’s has won access to letters between Moray & Agnew and an insurer to test its claims that a $3.7 million settlement the law firm agreed to over the sale of apartments at a $105 million South Yarra complex developed by millionaire Harry Stamoulis was excessive and made to protect the firm’s reputation.

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Insurer denies policy covered ‘excessive’ $3.7M Moray & Agnew settlement
Chief Justice James Allsop 2022-03-11 1:32 pm By Miklos Bolza

A Lloyd’s syndicate has hit back at a lawsuit by Moray & Agnew, saying it did not have to cover part of a $3.7 million settlement between the law firm and a Melbourne property developer because the amount agreed to was “excessive”.

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Insurers defeat appeals in COVID-19 business interruption test cases
Adam Pomerenke 2022-02-21 5:11 pm By Christine Caulfield

An appeals court challenge by a group of small businesses seeking coverage under business interruption insurance policies for losses flowing from COVID-19 restrictions has largely failed.

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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Adam Pomerenke 2021-11-08 9:42 pm By Miklos Bolza

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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Insurers largely prevail in second COVID-19 test cases
Adam Pomerenke 2021-10-08 5:13 pm By Christine Caulfield

Insurers have largely succeeded in challenging COVID-19 business interruption losses claimed by a group of small businesses, in an important second test case that could save the industry billions of dollars.

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QBE wins appeal in Opal Tower coverage row with Icon, but no success for Liberty
Appeals 2021-07-21 6:04 pm By Miklos Bolza

The Full Federal Court has found that Liberty Mutual Insurance, but not QBE, is required to cover Icon Construction’s losses stemming from the Opal Tower disaster, which has caused the builder $31 million in losses.

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Westpac gets lion’s share of proceeds from ‘anxious’ sale of collapsed fintech Sargon Group
Andrew Roe 2021-04-26 4:04 pm By Miklos Bolza

Westpac will recoup the majority of proceeds from the $29.6 million sale of collapsed fintech Sargon Group, with a judge calling the company’s liquidators “anxious sellers” who sold at speed and well below market value.

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