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Judge doubts Scenic Tours’ de-classing bid in cruise class action
Class Actions 2023-03-06 6:04 pm By Cindy Cameronne Sydney

A judge has questioned a bid by cruise operator Scenic Tours to water down a class action brought over a series of European cruises that went ahead in 2018 despite a record-breaking drought that saw river levels drop so low they became impassable.

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‘Court is not a place for their sport’: Judge slams stoush between funder, class action applicant
Carl Moller 2023-03-03 9:59 pm By Cindy Cameronne Sydney

A judge has ordered a litigation funder and the lead applicant in a settled class action to personally mediate a stoush over expenses, saying he doubted the applicant’s $1.2 million claim and said the court is “not a place for their sport”.

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Sparke Helmore wins reversal of $285,000 negligence judgment
Appeals 2023-02-22 4:30 pm By Sam Matthews Melbourne

An appeals court has thrown out a $285,000 negligence judgment against Sparke Helmore over two sales contracts worth $1.5 million and rejected a NSW developer’s attempts to squeeze the law firm for a heftier damages bill.

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BCC loses appeal over $8M trade credit policy to Phoenix financier
Anne Horvath 2023-02-21 1:00 pm By Cindy Cameronne Sydney

Insurer Bond & Credit Company has lost its appeal of a decision ordering it to indemnify an Australian non-bank lender that provided $8 million in trade finance to companies in Phoenix Group shortly before its collapse.

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Vannin Capital wins $44.5M judgment against Clive Palmer companies
Andrew O'Brien 2023-02-10 10:48 pm By Cat Fredenburgh

Clive Palmer’s Queensland Nickel and three other Palmer-related entities have been ordered to pay $44.5 million (US$30.8 million) to litigation funder Vannin Capital for defaulting on a loan for a private jet.

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Nuix ex-CEO loses $180M case over options agreement
Contracts 2023-02-07 10:12 am By Cindy Cameronne Sydney

Nuix has defeated a lawsuit by ex-CEO Edward Sheehy alleging he was owed $183 million in options under a 2008 agreement, with a judge finding the options could only be exercised if the company was sold.

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McDonald’s wins privilege spat in case brought by ex-franchisee after viral video
Associate Justice Patricia Matthews 2023-02-06 2:10 pm By Cindy Cameronne Sydney

A former McDonald’s franchisee has lost his challenge to a privilege claim by the fast food giant in his lawsuit alleging he was wrongly dropped after questioning his neighbour’s Indigenous identity in a 2019 viral video recording an altercation over an Aboriginal flag.

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United Petroleum hit with franchisee class action over ‘unprofitable’ Pie Face stores
Class Actions 2023-02-02 10:21 pm By Cat Fredenburgh

United Petroleum has been hit with a class action on behalf of franchisees who allege they suffered loss when the petrol giant installed loss-making Pie Face stores at its franchise sites.

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SMBC mulls new claims in $34M lawsuit over Forum Finance receivables
Bridges Lawyers 2023-01-31 3:34 pm By Cindy Cameronne

Japanese bank SMBC has foreshadowed an application to add claims against Humm Group after the fintech’s subsidiary allegedly misled the bank about receivables under contracts forged by a Forum Group entity.

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Downer Energy found liable for defective boiler at NSW power plant
Carter Newell 2023-01-27 3:35 pm By Sam Matthews Melbourne

A judge has found Downer Energy was responsible for a costly shutdown at a NSW power plant caused by a “practically unthinkable” defect.

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