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‘Most unjust’ to allow new claims in six-year-old CBA class action, judge says
CBA 2022-04-13 9:32 pm By Miklos Bolza

The applicants in a protracted class action against the Commonwealth Bank of Australia brought by borrowers who claim they were forced to default on their commercial loans have lost a bid to amend their pleadings, six years after the case was filed.

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Tokio Marine goes on the offensive, accuses Greensill of fraud
Clyde & Co. 2022-04-04 10:15 pm By Cat Fredenburgh

Collapsed supply chain finance company Greensill Capital has been accused of fraudulently obtaining policies from its largest insurer, Japan-based Tokio Marine, which has been dragged into four lawsuits over a trade credit policy issued in 2019.

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Mercedes-Benz to argue Takata airbags recall was invalid
Australian Government Solicitor 2022-04-01 1:39 pm By Cat Fredenburgh

Mercedes-Benz will defend ACCC proceedings alleging it exposed consumers to serious injury or death by failing to comply with obligations under a compulsory recall of potentially deadly Takata airbags by arguing the recall was invalid.

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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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New evidence allowed in $300M lawsuit over ‘defective’ Lane Cove Tunnel construction
Allens 2022-03-29 3:27 pm By Sam Matthews

The operators of Sydney’s Lane Cove Tunnel can rely on new expert evidence in their lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel, with a judge finding there is a public interest in discovering the true cause of any defects.

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The class action settlements that came under fire in 2021
Adero Law 2022-01-12 6:04 pm By Christine Caulfield

If evidence were needed that courts are not rubber stamping class action settlements, the scrutiny of multi-million dollar agreements in 2021 is proof positive that judicial oversight of representative proceedings is robust.

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Sunwater loses dispute with Liberty over coverage for Queensland floods class action
Allens 2021-12-08 3:32 pm By Miklos Bolza

Liberty Mutual Insurance does not have to indemnify dam operator Sunwater for its share of a $440 million settlement of the Queensland floods class action, the NSW Supreme Court has found.

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Lendlease loses bid for separate hearing in Acciona dispute over $160M deal
Acciona 2021-12-06 3:51 pm By Miklos Bolza

A judge has ruled he will not consider a separate question on whether Acciona is barred from setting off any damages payable to Lendlease in a lawsuit over the $160 million sale of its engineering business.

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Acciona may have ‘difficulty’ persuading court in spat over $696M Kwinana project
Contracts 2021-11-30 2:19 pm By Bianca Hrovat

A judge has granted a 21-day stay of a lawsuit brought by Acciona, a Spanish infrastructure company seeking to use COVID-19 as a reason to back out of its construction contract for the $696 million Kwinana waste-to-energy plant, and has warned the company it faces a difficult task to persuade the court of its case.

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Acciona sues to cancel Kwinana renewable energy plant contract due to COVID-19
Construction 2021-11-25 2:20 pm By Miklos Bolza

Spanish infrastructure company Acciona has filed a lawsuit to get out of an engineering and construction contract for the $696 million Kwinana waste-to-energy plant in Western Australia, citing disruptions from the COVID-19 pandemic.

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