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Construction PRO
In first climate case, High Court urged to reject Mach’s ‘strict’ impacts test
In the first climate change case to reach its doors, the High Court has been urged to reject Mach Energy’s “strict approach” to considering the local impacts of its Mount Pleasant coal mine extension under the Environmental Planning and Assessment Act.
Construction PRO
Suit tossed over failed $20.7M deal for Adgemis’ Hotel Diplomat
A judge has tossed a suit seeking to recover a $1 million deposit on a $20.7 million agreement to purchase the former John Adjemis-owned Hotel Diplomat in Potts Point, after the deal fell through over concerns about mold and water ingress.
Glencore’s appeal fails in fight over Port of Newcastle access charges
Coal producer Glencore has lost the latest round in a long-running dispute with Port of Newcastle over access charges.
Construction PRO
Glencore loses appeal in wharfage fee row with Port of Newcastle
Glencore has failed on appeal in a case against Port of Newcastle, with an appeals court finding the coal company could not rely on submissions in litigation leading up to a final determination of the port's access charges.
CPE Capital wins $96M in dispute over profit-sharing agreement
A judge has awarded private equity firm CPE Capital, formerly CHAMP, $96 million in a dispute over a profit sharing agreement that was part of a deal to provide $150 million in vendor finance to FX Group Holdings for shares in trading platform Pepperstone.
SMBC wins case against Humm over Forum Finance fraud
Japanese bank SMBC, which was duped by fraudster Bill Papas to enter into agreements with a Humm subsidiary for assets and receivables that didn't exist, has won the right to call in warranties on its $113.7 million investment.
Crown loses row over ATE policy as security in iProsperity’s $55M case
Crown Resorts has lost a fight against a proposal by funders for iProsperity Group's liquidators to put up an after-the-event insurance policy as security for costs in a case that seeks to recover $55 million in gambling losses.
Solicitor who misrepresented judge’s view loses appeal of caution
A solicitor who attributed a barrister's submission about his client's capacity to a Supreme Court judge in a letter to a costs assessor has lost an appeal of a NSW Law Society decision to caution him.
Banksia case against receiver has dim prospects, is out of time, court finds
KMPG partner John Lindholm has escaped a potential probe into his decision to endorse a settlement in the scandal-ridden Banksia Securities class action as the receiver for the collapsed lender.
Judge questions claim Banksia receiver ‘went along’ with class action settlement
A judge has questioned whether an investor in failed Banksia Securities can bring a case against a court-appointed receiver over his support for a class action settlement later found to involve deception by a team of lawyers.