General Motors has failed to overturn a decision that put it on the hook for the applicantâs full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not âwalk awayâ from the ordinary meaning of the phrase âthe plaintiffâs costs of the proceedingsâ.
An appeals court has questioned General Motorsâ construction of its settlement with the applicant in a class action on behalf of Holden dealers, as the car maker seeks to overturn a ruling that put it on the hook for the applicant’s full costs.
Unable to convince an appeals court that a common law right of appeal exists, disgraced former barrister Norman O’Bryan has failed in his challenge to findings of fraud in a judgment stemming from the Banksia class action saga.
Glencore-owned Viterra must pay indemnity costs to four Joe White employees it dragged into a 10-year feud with Cargill over the $420 million sale of the Joe White business, after a judge found its claims against them were âhopeless from the outset”.
In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.
A Chinese crypto miner has won its equipment back, for now, after a Melbourne business it charged with looking after the machines allegedly allowed four other businesses to access them, culminating in a five-way stoush involving an ambulance and police.
The lead applicant in a superannuation class action against two IOOF units has successfully appealed a decision that barred the case from proceeding under a carveout in Victoria’s Supreme Court Act forbidding class actions involving trust property.
A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.