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Mastercard says legal professional privilege remained over a document after a junior lawyer "inadvertently" sent it to the ACCC in 2020 while the credit card giant was trying to dissuade the regulator from continuing an investigation into alleged anti-competitive conduct.
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.
Mastercard has pushed back on the ACCC's argument that it waived privilege over communications with lawyers, saying it would "take the law of waiver to a place it has never been before".
Another failed class action is headed to the Full Court, with a case against ex-CBA unit Count Financial appealing a ruling that found advisors did not breach their duty to act in their clients' best interest.
Construction PRO
Real estate asset manager Dexus will cover the legal costs of shareholders whose stake in Australia Pacific Airports Corporation hangs in the balance, as it reveals a $55 million book value increase.
Construction PRO
The date has been set for a court battle over Dexus' sale of shares in Asia Pacific Airport Corporation, a fight the operator of Melbourne and Launceston airports says needs 10 hearing days.
The lead applicant in a failed class action against ex-NAB super trustee NULIS Nominees has lost his bid to stay a costs order of some $12.5 million pending an appeal.
The judge hearing the ACCC’s price-fixing case against Downer EDI's Spotless and Ventia has proposed an initial hearing to determine if the companies are in competition, saying he won't let the case become “totally unwieldy”.
A judge has dismissed a class action against ex-CBA unit Count Financial alleging that it breached it duty to act in clients’ best interests and ensure adviser remuneration was free of conflict.
The lead applicant in a failed class action against NULIS Nominees has argued that any costs orders should be stayed until after its appeal, while the ex-NAB super trustee claims it should have $8 million in costs paid now.