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A judge has refused to disqualify himself from case managing Mayne Pharma's latest dispute with US drug maker Cosette over the collapse of their $672 million merger agreement, calling the bid “plainly premature”.
Construction PRO
A judge has remarked that the counsel fee rate guide is now 13 years out of date and no longer serves its purpose, in a ruling ordering $1.5 million in costs against Golden Eagle Property Group.
Construction PRO
A developer can have recourse to $740,000 in security following building delays, with a judge finding that its contract with Rawcorp for the construction of a Coolangatta apartment complex created an unfettered right to call on the security.
Medibank has criticised a judge’s finding that legal professional privilege did not attach to a Deloitte report commissioned in the wake of a massive data breach, arguing she came to an “illogical” conclusion.
Construction PRO
Sydney builder Next Constructions has accused a former employee and his wife of procuring $700,000 in secret profits by allegedly directing subcontractors to pay a company they controlled.
The High Court has dismissed Sunshine Loans' second attempt to have a judge recuse himself from a penalty hearing in ASIC’s case against the payday lender, despite his criticism of a witness due to give further evidence.
Construction PRO
A director of collapsed builder Shangri-La Construction who was found personally liable for $3.2 million in rectification costs for combustible cladding in a Melbourne apartment complex has failed to pass on his costs to his insurers.
The liquidators of an unregistered managed investment scheme run by convicted fraudster Chris Marco have fended off a summary dismissal application by investors, with a judge finding that it was not so obvious that they would be entitled to a good faith defence to warrant tossing the case.
Construction PRO
An appeals court ruling has confirmed that non-contracting owners must prove their own loss to claim defect damages under warranties in the Domestic Building Contracts Act.
A court has ordered Macquarie Securities to pay an agreed $35 million penalty after finding that “serious deficiencies" in its reporting systems resulted in repeated failures to accurately report short sales.