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Construction PRO
The liquidators of the Tahmoor coal mine in NSW, formerly owned by Sanjeev Gupta’s GFG Alliance, have lost their bid to disclaim a royalties deed in favour of former owner Glencore, with a judge finding it was not an “unprofitable contract”.
Retailer Swim Shady has won a bid for partial removal of two trade marks owned by Eminem, with IP Australia finding the US rapper's alter ego reputation as Slim Shady was not enough to retain the IP.
Construction PRO
A judge has found that Heran Group unit York Property can't call on $6.4 million in bank guarantees after finding builder Tomkins has a strong prima facie case that a $17.5 million payment certificate issued under contract to build a 119-Gold Coast residential tower was not authorised.
Credit Suisse has dropped its claim for indemnity against insurance agent BCC under a trade credit policy issued prior to Greensill Capital’s collapse in 2021, with a judge hearing the admission marks a "complete u-turn in the case".
Domain has sued News Corp-owned rival REA Group over alleged misleading claims that it attracts the buyer for nine in 10 sold homes listed on the platform.
ASX Limited has told a judge it did not intend to mislead shareholders when it told the market that its CHESS replacement project was “progressing well” and that a $20.5 million penalty was sufficient to achieve deterrence.
ASIC has won its case alleging Regional Express failed to correct an optimistic forecast before it entered administration last year, but failed to prove the company's optimism conveyed a "likelihood" or that three non-executive directors had actual knowledge of the collapsed budget airline's declining business.
A judge has ordered soft class closure in a class action by Queensland police officers and staff over the COVID-19 vaccine, forcing group members to register for the case ahead of settlement talks.
The consumer regulator has brought proceedings against Amazon, alleging it relied on unfair contract terms in its Prime Video subscription contracts to introduce advertising to its streaming service.
Defence lawyers are bracing for a wave of class actions over companies’ use of generative artificial intelligence, with privacy, discrimination, consumer, product liability and shareholder claims expected.