Michael Gvozdenovic

Real estate asset manager Dexus has won access to advice given by the lawyers of two shareholders of airport operator APAC over an alleged breach of a shareholder deed. 

Dexus has claimed legal professional privilege prevents fellow owners of airport operator APAC from accessing tens of thousands of documents as they prepare for trial over an alleged breach of a shareholder deed.

The trustee for shareholders that want to retain their Dexus-managed stake in Australia Pacific Airports Corporation can't be separately represented from the selling group, a judge has ruled in a case that pits APAC's investors against each other.

The applicant in a class action over a COVID-19 outbreak aboard the Ruby Princess is seeking an $8 million costs order against Carnival, after the cruise ship operator lost its challenge to a negligence finding.

A judge has found that Mastercard can maintain legal professional privilege over a document that was inadvertently sent to the ACCC in 2020 after lawyers at Baker McKenzie had to review 100,000 documents in less than two months.

A court has dismissed a lift supplier’s appeal of a decision rejecting its claim of breach of confidence against a rival, including an “entirely unwarranted” attack on solicitors at Allens over the use of documents obtained by “internet-savvy” search techniques.

Real estate asset manager Dexus wants information that the Asia Pacific Airport Corporation gave to several consultants in a court battle over allegations it breached a shareholder deed in selling a stake in the airport operator. 

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".