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Judge blasts ‘horrendously inefficient’ fight in developer’s lawsuit against Zurich
Construction 2022-08-03 1:22 pm By Cindy Cameronne

A judge has given a “judicial harrumph” to Sydney developer FKP Commercial Developments and Irish insurer Zurich Insurance in a dispute over coverage for an apartment defects suit, saying it was not for the court to “trawl” through an insurance policy to work out its meaning. 

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ASIC won’t enforce $7.2M penalty against Dixon Advisory
ASIC 2022-08-02 11:49 pm By Sam Matthews

The Australian Securities and Investments Commission will not seek to enforce a $7.2 million penalty agreed to by Dixon Advisory after admitting to the regulator’s allegations that it failed to act in its clients’ best interests.

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Mazda’s conduct not just ‘appalling customer service’ but unconscionable, ACCC says
Anna Garsia 2022-08-02 11:37 pm By Christine Caulfield

A judge was wrong to find that Mazda’s treatment of customers with faulty vehicles was appalling but not unconscionable, and nowhere in his ruling is there an explanation for the distinction, the consumer regulator has told an appeals court.

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‘No brainer’ that Arrium was failing when directors drew down funds, court told
Amy Munro 2022-08-02 11:09 pm By Cindy Cameronne

Several lenders have appealed a ruling that found they failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse, saying it was a “no brainer” that the company was in dire straits when its directors sought extra funds.

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A ‘futile exercise’: Palmer, McGowan win chump change in costly defamation battle
Bret Walker 2022-08-02 2:44 pm By Sam Matthews

A court has awarded Western Australia premier Mark McGowan and mining billionaire Clive Palmer paltry sums in their defamation battle, with a judge finding that Palmer suffered “very little damage” to his reputation.

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Chubb falls short in $2.3M dispute over coverage for Inchcape ransomware attack
Contracts 2022-08-01 5:53 pm By Cindy Cameronne

A judge who lashed “unsatisfactory cooperation” between Chubb and British automotive distributor Inchcape has found the insurer’s policy covers some but not all costs stemming from a cyber attack which allegedly caused over $4 million in loss.

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Bell Potter defeats $10M lawsuit over 1 minute trading call
Alexander Langshaw 2022-08-01 3:32 pm By Cindy Cameronne

Bell Potter has defeated a lawsuit by Nicholas Bolton’s Keybridge Capital over a 2015 phone call which lasted one minute and 18 seconds in which the investment firm was accused of committing its client to buy $10 million worth of shares in defunct Molopo Energy.

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Slater & Gordon wins beauty parade, group costs order in Beach Energy class action
Alistair Pound 2022-08-01 2:28 pm By Cindy Cameronne

Slater & Gordon has defeated Shine Lawyers in a contest to run a shareholder class action against Beach Energy, with a judge finding Shine’s tiered contingency fee arrangement was “mere window dressing”.

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ASIC says judge should not wait on High Court in case against payday lenders
Adam Pomerenke 2022-07-29 11:18 pm By Christine Caulfield

The corporate regulator will challenge a bid by payday lenders Cigno and BHF to stay its case pending their appeal to the High Court.

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Zurich won’t OK NZ apartments class action as it mulls High Court appeal
Australian Government Solicitor 2022-07-29 1:11 pm By Cindy Cameronne

Irish insurer Zurich Insurance has refused consent for a class action over a defective New Zealand apartment block to proceed in the NSW Supreme Court as it mulls a High Court challenge to the case.

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