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Dick Smith directors owe $11.8M in damages after receivers win appeal
Restructuring & Insolvency 2022-08-29 1:38 pm By Cindy Cameronne

An appeals court has found that two former executives of collapsed electronics retailer Dick Smith should pay the company’s receivers $11.8 million in damages for approving a dividend payment the company could not afford.

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Sacked sports journalist loses appeal over coverage of ‘vivid and disgusting’ comments
Defamation 2022-08-18 11:24 pm By Sam Matthews

Former Channel 7 rugby league journalist Josh Massoud has lost an appeal of a decision clearing multiple media outlets of defamation over reports alleging he threatened to kill and defile the corpse of a young reporter.

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‘No relationship’ with reality: Judge rails against ‘grossly inflated’ security estimate
Financial Services 2022-07-14 5:00 pm By Cindy Cameronne

A judge has slammed a “grossly inflated” estimate of legal costs relied on during a security for costs bid by non-bank lender Aquamore Finance in an appeal over a commercial loan accruing compound interest of 79 per cent per year.

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Lawyer’s muffin eating was irrelevant to personal costs order, appeals court says
Appeals 2022-06-29 5:02 pm By Sam Matthews

An appeals court has ruled that a judge was not justified in slapping two lawyers with personal costs, finding she should not have considered alleged poor conduct such as one of the lawyers eating a muffin while appearing during a remote hearing.

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CBRE offered to pay $600,000 before winning $20M negligent valuation case
Professional Negligence 2022-06-10 1:28 pm By Cindy Cameronne

A court has handed CBRE indemnity costs for successfully defending a negligent land valuation lawsuit by defunct fund manager City Pacific after it had offered $600,000 to settle the case.

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Ex-Dick Smith CEO should be liable for approving $28.5M in dividends, appeals court told
Restructuring & Insolvency 2022-05-30 9:30 pm By Cindy Cameronne

The former CEO of failed electronics retailer Dick Smith should be held responsible for approving two dividend payments worth $28.5 million which the company could not afford to pay given it owed millions in unpaid bank loans and supplier debts, an appeals court has heard. 

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Law firm’s cost dislosures inadequate to recoup two-thirds of judgment amount, court finds
Legal Ethics 2022-04-21 1:37 pm By Sam Matthews

A law firm that recouped two-thirds of a personal injury payout in excess of the statutory cap through a “potentially misleading” costs agreement will pay back a former client $26,200 plus interest.

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CBRE wins appeal over allegedly negligent $27.3M valuation
Real Estate 2022-04-13 9:45 pm By Cindy Cameronne

Real estate giant CBRE Group has won its appeal in a dispute with defunct fund manager City Pacific, which claimed the company negligently valued a Queensland marina at $27.3 million in 2006 and caused millions in losses.

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Morrison cleared to call election after failure of challenge to Liberal pre-selections
Politics 2022-04-05 10:44 pm By Christine Caulfield

A court has dismissed a challenge by a Liberal Party member to a decision by prime minister Scott Morrison and two other members of the federal executive to endorse incumbents to contest seats in NSW at the upcoming election, a ruling that paves the way for the PM to name the date.

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Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
Class Actions 2022-03-29 11:01 pm By Sam Matthews

The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.

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