Jesse Kennedy

Engineering firm Clough Projects Australia is challenging a judge's order staying its $54 million cross-claim against former Energy Connection joint venture partner Elecnor.

A judge has refused a bid by the Port of Newcastle to make declarations following the dismissal of Glencore Coal's case claiming it was overcharged $874,000 in wharfage fees, saying her judgment was clear on its face. 

Port of Newcastle has failed in its bid for declarations following its defeat of of Glencore Coal's case over wharfage fees, despite arguing further disputes could be avoided. 

Carnival has lost an appeal of a finding in a class action that it was negligent in preventing a COVID-19 outbreak aboard the Ruby Princess cruise ship, but an appeal by the applicant over damages has also failed. 

Glencore Coal has lost its case against the Port of Newcastle alleging it has been overcharged shipping fees based on a determination by the competition watchdog.

A judge has stayed engineering firm Clough’s $54 million cross-claim against its former joint venture partner on the EnergyConnect transmission project, Elecnor, saying the claim must be sent to arbitration.

The Port of Newcastle has lost its bid to move a lawsuit filed by Glencore Coal over $870,000 in alleged overcharged shipping fees to the Federal Court. 

Carnival PLC has denied that a passenger, whose husband contracted COVID-19 and had to be put on a ventilator, had a “horrible” time aboard the ill-fated Ruby Princess, in a class action’s appeal of a finding that she was only entitled to $4,000 in damages.

A class action against Carnival over a COVID-19 outbreak aboard its Ruby Princess cruise ship has told the Full Court the lead applicant is entitled to damages "far in excess" of the $4,000 awarded by the trial judge for distress and disappointment.

Cruise operator Carnival PLC has mounted a cross-appeal aimed at overturning a judge’s finding that it negligently failed to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship, telling the Full Court that the primary judge’s findings were not consistent with his reasons.