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Woolworths entitled to recoup loss in train derailment despite ‘force majeure’ event, judge says
Article 2021-04-14 6:34 pm By Miklos Bolza Sydney

Supermarket giant Woolworths can recoup losses from a 2014 train derailment in South Australia despite a contractual clause excluding force majeure events, the NSW Supreme Court has found.

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Legal spat over Virgin’s leased airplane engines heads to High Court
Appeals 2021-04-13 11:59 am By Miklos Bolza Sydney

The High Court has granted special leave to hear a first-of-its-kind dispute over a number of airplane engines leased by the beleaguered Virgin Airlines, which may result in the airline’s administrators using company funds to cover the costs of shipping the engines back to Florida.

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PwC wins access to Baker McKenzie docs from former client in spat over failed bank launch
Accounting 2021-04-12 11:07 pm By Miklos Bolza Sydney

PricewaterhouseCoopers has won access to communications between a Chinese lender and its lawyers at Baker McKenzie in a legal stoush over a failed bid to launch the first Chinese bank incorporated in Australia.

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HWL Ebsworth advice to Quay Eyewear protected by privilege, judge rules
Contracts 2021-04-09 3:18 pm By Cindy Cameronne Sydney

A director of sunglasses company Quay Eyewear has lost her bid to access HWL Ebsworth’s advice to the company given during legal proceedings which accused her of tortious interference, breach of directors’ duties and intellectual property violations.

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Findex’s High Court challenge in case against former financial advisor falls flat
Accounting 2021-04-08 4:02 pm By Christine Caulfield Melbourne

Accounting firm Findex Australia has lost a bid for the High Court to hear its case over a restraint provision against a former financial advisor found to have been unenforcable.

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Tandem class action members may have been misled by news about cross-claims, judge says
Class Actions 2021-04-07 5:13 pm By Cindy Cameronne Sydney

A judge has found that news articles published in the Herald Sun, Daily Mail and The Australian may have given group members in a class action against a Telstra contractor the “wrong impression” that they would be exposed to a cross-claim if they failed to opt out.

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Quintis class action settlement could get $11M boost after insurers come up short
Agriculture 2021-04-06 3:10 pm By Miklos Bolza Sydney

A lengthy dispute over insurance in a settled class action against sandalwood producer Quintis has been resolved, with the Federal Court rejecting a challenge by two insurers to the rectification of policies that could provide a further $11.25 million in recoveries to group members.

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Judge deals Star winning hand in pursuit of high-roller who lost $43M in a week
Article 2021-04-06 2:51 pm By Christine Caulfield Melbourne

Star Entertainment can continue its case against a wealthy junket gambler who dishonoured a cheque after losing $43 million in one week at the Baccarat table at Star’s Gold Coast casino.

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Clive Palmer’s Mineralogy breached CITIC agreement over Balmoral Iron mine acquisition, court finds
Allens 2021-04-01 4:16 pm By Miklos Bolza Sydney

A judge has found that Clive Palmer’s Mineralogy breached an agreement with Hong Kong-based CITIC over the acquisition of mining tenements to extract one billion tonnes of iron ore in the Pilbara region.

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‘Millions of dollars of cash in bags’: Cryptocurrency trader wins lawsuit against fraudster
Bernard Coles 2021-03-30 4:39 pm By Miklos Bolza Sydney

A cryptocurrency trader has won judgment of over $1.96 million in a NSW Supreme Court lawsuit against companies owned by a convicted fraudster over a deal involving “millions of dollars of cash in bags and suitcases” and a settlement that was reached and then ignored.

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