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Takata airbags class action against Volkswagen fails again
Appeals 2023-09-05 10:41 am By Cindy Cameronne

A class action against Volkswagen over allegedly deadly Takata airbags has failed a second time after an appeals court found “a merely speculative” risk of rupture was not enough to find the vehicles unacceptable.

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Law firm accused of ‘woefully prepared’ case dodges bid for personal costs
Anna Mitchelmore 2023-08-30 10:51 pm By Sam Matthews

A disgruntled client who accused a Sydney-based law firm of running a “woefully prepared” case has lost his appeal of a judge’s rejection of his bid for a $225,000 personal costs order against the firm.

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In battle of Spitfire creditors, appeals court provides clarity on R&D refunds
Appeals 2023-05-31 2:22 pm By Cindy Cameronne

A private investment fund has won its claim as a secured creditor over $2 million in research and development tax refunds that a court previously found should go to employees in a fight over funds remaining following the collapse of fintech Spitfire Corporation. 

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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Anna Mitchelmore 2023-05-04 2:43 pm By Sam Matthews

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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Kupang Resources takes battle for director’s tax docs to High Court
Appeals 2022-07-22 2:26 pm By Christine Caulfield

Mining company Kupang Resources has asked the High Court to weigh in on its bid for tax office documents as it litigates to recoup millions of dollars allegedly embezzled by the company’s former shadow director.

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Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
Appeals 2022-03-29 11:01 pm By Sam Matthews

The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.

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Court tosses appeal of $1.96M judgment awarded to cryptocurrency trader
Appeals 2021-12-03 2:12 pm By Cindy Cameronne

An appeals court has thrown out a challenge to a judgment awarding a cryptocurrency trader $1.96 million in cash and a property purchased for $1.5 million over a deal with a convicted fraudster involving “millions of dollars of cash in bags and suitcases”.

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Law firm can’t get fees after ‘dishonourable conduct’ toward clients
Alastair Vincent 2021-09-03 10:41 pm By Bianca Hrovat

An appeals court has upheld a ruling that Sydney law firm Atanaskovic Hartnell was not entitled to the bulk of $165,000 in legal fees charged to two media company clients defrauded by jailed former solicitor Brody Clarke, calling the firm’s attempt to renege on its undertakings “dishonourable”.

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Sydney man defamed by Fairfax hit-and-run story loses bid to up damages 
Acting Justice Carolyn Simpson 2021-07-22 10:24 pm By Bianca Hrovat

An appeals court  has thrown out an appeal by a Sydney man who sought greater damages for being incorrectly named in media reports as the driver in a fatal hit-and-run.

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Liquidator of Fogo Brazilia faces ouster for retaining law firm investigating class action
Alexander Vial 2021-05-24 6:09 pm By Miklos Bolza

The liquidator of restaurant chain Fogo Brazilia has been ordered to hand over communications with law firm Levitt Robinson as creditors seek to oust him from his role over alleged breaches of duty relating to a class action investigation.

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