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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat

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

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

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

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

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

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

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

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

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

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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