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Icon seeks to recoup Opal Tower losses in latest class action cross-claim
Class Actions 2020-04-02 4:54 pm By Miklos Bolza Sydney

Construction giant Icon has filed a cross-claim against the prefab concrete company behind the ill-fated Opal Tower, seeking to recover at least part of almost $28 million in losses spent after cracks in the building caused residents to evacuate in 2018.

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Judge says no to virtual hearing in Guy Sebastian’s dispute with ex-manager
Contracts 2020-03-31 3:55 pm By Alison Eveleigh Sydney

A judge has decided not to hold a virtual trial in a long-running dispute between Guy Sebastian and his now self-represented former manager Titus Day over allegedly unpaid entitlements, due to difficulties in judging witness credibility and because Day might have a challenging time litigating online.

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COVID-19 pandemic no excuse to delay $2.5B Icthys LNG case, judges say
Appeals 2020-03-31 3:25 pm By Alison Eveleigh Sydney

An appeals court has found that parties forced to conduct hearings via telephone or video conference in the wake of the COVID-19 pandemic are not disadvantaged by the new arrangements, refusing to delay the appeal of a $2.5 billion contractual dispute concerning the Ichthys gas project in the Northern Territory until the parties can appear in person before the court.

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7-Eleven class actions mull contempt motion after losing appeal over franchisee communications
7-Eleven 2020-03-27 3:25 pm By Miklos Bolza Sydney

The lead applicants in two class actions against 7-Eleven are considering bringing a contempt of court motion against the convenience store giant after the Full Federal Court derailed their challenge to prior orders allowing the company to seek litigation releases from franchisees.

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Rinehart family ordered into mediation in long-running feud over $4B trust
Charles Colquhoun 2020-03-25 4:46 pm By Miklos Bolza Sydney

A judge has ordered the Rinehart family to enter mediation in their feud over a $4 billion trust, saying it was “overwhelmingly in the interests of the administration of justice” to seek an end to the long-running and bitter dispute.

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Judge says watching trial on iPad in lockdown scenario would be ‘unsatisfactory’
Adrian Ryan 2020-03-25 12:41 pm By Miklos Bolza Sydney

The judge overseeing the trial in a trade secrets case brought by Australian auto electronics developer Directed Electronics OE against its rivals is considering how the cross-examination of witnesses will proceed given current restrictions imposed on gatherings due to the coronavirus, including in the event of a possible lockdown.

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‘One hearing and two interlocutory judgments have achieved precisely nothing’: Judge scolds parties in Parklea Market dispute
Bartier Perry 2020-03-23 6:23 pm By Miklos Bolza Sydney

A judge has criticised the parties in a land sale dispute over Sydney’s Parklea Markets for failing to make progress to bring the case to a close, almost three months after a $4.25 million judgment was awarded to a company owned by local retail personality Con Constantine.

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‘Forensic voyeurism’: Judge denies BHP bid for docs in $36M spat with insurers
Anne Horvath 2020-03-10 8:58 pm By Miklos Bolza Sydney

A subsidiary of BHP Billiton can’t get its hands on underwriting documents in its case against Lloyd’s of London and Berkley Insurance, which are being sued by the mining giant for over $36 million after allegedly substandard equipment was installed at its Olympic Dam Mine.

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Bega did not waive legal professional privilege by probing cancer-stricken witness
Arnold Bloch Leibler 2020-03-09 12:52 pm By Miklos Bolza Sydney

Fonterra Brands has been blocked from accessing documents recording a witness statement made and later disputed by Bega’s executive chairman, in a dispute between the two dairy companies over a trade mark licence agreement.

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Icon can’t block Opal Tower developer from calling on $3.9M guarantee
Chief Justice James Allsop 2020-03-05 4:10 pm By Miklos Bolza Sydney

The builder behind the ill-fated Opal Tower has lost its opposition in the NSW Supreme Court to a $3.9 million guarantee requested by the property’s developer, after a judge found it had not proved compliance with its contractual obligations.

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