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Judge partly blocks Dexus GC’s evidence in $43.2M debt dispute with Grocon
Justice Mark Moshinsky 2019-05-08 11:35 am By Miklos Bolza Sydney

Two Grocon units have successfully struck out portions of an affidavit by the general counsel of property management firm Dexus Property Group, claiming prejudice in a dispute over $43.2 million in allegedly unpaid debts.

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Pacific National, Aurizon await judgment in high-stakes competition case
Ashurst 2019-05-08 11:19 am By Cat Fredenburgh Melbourne

Judgment is expected next week in the Australian Competition and Consumer Commission’s case against Pacific National alleging the rail company made an anti-competitive bid for Aurizon’s Acacia Ridge Terminal and intermodal freight business.

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Teva wins docs to bolster case that Boehringer’s Spiriva patents were obvious
Healthcare 2019-05-07 11:16 pm By Christine Caulfield Melbourne

Israeli drug maker Teva has won its bid for communications between Germany-based Boehringer and capsule manufacturers to help prove its claim that a patent at the centre of a dispute over the top-selling inhaler Spiriva was invalid for obviousness.

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Treasury Wine Estates wins $352,000 judgment over Penfolds ‘copycats’
Food and Beverage 2019-05-07 10:27 pm By Cat Fredenburgh Melbourne

Treasury Wine Estates has won a nearly $352,000 judgment against an Australian company for allegedly violating its trade marks by making and selling copycat Penfolds products in China and Australia.

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Ratepayers can’t strike out defences in class action against Queensland city council
Class Actions 2019-05-07 10:13 pm By Christine Caulfield Melbourne

Ratepayers in a class action against a Queensland city council calling for the recovery of an invalid levy on their land failed in their bid to summarily dismiss the council’s defence that the unreturned portion of the charges was spent for their benefit. 

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Ultra Tune’s excuse for missing appeal deadline doesn’t wash, ACCC tells court
Competition & Consumer Protection 2019-05-07 9:07 pm By Amelia Birnie Sydney

The consumer regulator wants a court to throw out Ultra Tune’s appeal of a $2.6 million penalty after the national car repair franchise filed its challenge more than a month late because its lawyers “miscalculated” the deadline.

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East Timor can’t duck $328M fuel supply dispute with Lighthouse Corporation
Arbitration 2019-05-07 8:13 pm By Miklos Bolza Sydney

The Democratic Republic of East Timor has lost its bid to dismiss a lawsuit brought by oil and gas firm Lighthouse Corporation over $328 million in alleged losses stemming from a failed fuel supply agreement, with a judge finding the court has jurisdiction to hear the case after an ICSID panel declined to arbitrate the dispute.

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ASIC has no ace in case over Australian Open broadcast rights, ex-Tennis Australia head says
Entertainment 2019-05-07 3:57 pm By Miklos Bolza Sydney

Former Tennis Australia director Harold Mitchell has denied allegations by the Australian Securities and Investments Commission that he breached his duties when awarding broadcasting rights for the Australian Open and other tournaments to the Seven Network in 2013.

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Judge who ruled for Geoffrey Rush was biased, Daily Telegraph says in appeal
Ashurst 2019-05-06 10:23 pm By Cat Fredenburgh Melbourne

Daily Telegraph publisher Nationwide News has appealed a $850,000 judgment against it in a defamation case brought by actor Geoffrey Rush, saying the judge who presided over the case was biased.

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Deloitte grilled after claiming partners have no right to access files from litigation room
Appeals 2019-05-06 10:07 pm By Christine Caulfield Melbourne

Lawyers for Deloitte were questioned by an appeals court Monday after arguing that the accounting giant’s partners had no access to the firm’s files, stored in a locked “litigation room”, and no power to hand them over to comply with discovery orders in a shareholder class action over the collapse of client Hastie Group.

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