The Full Court has found that a policy exclusion applies in a dispute between Acciona Infrastructure and Ferrovial Construction and three insurers over coverage for loss and damage caused by heavy rainfall during the construction of the $695 million Pacific Highway in northern New South Wales.
A court has found National Australia Bank engaged in unconscionable conduct in knowingly overcharging thousands of customers periodic payment fees for four years.
A potentially stultifying order for $1.23 million in security for costs in a class action against the Hog’s Breath Cafe restaurant chain has survived a challenge by the franchisees.
A judge has found that dairy processor Lactalis Australia breached a mandatory industry code between farmers and processors requiring it to publish milk supply contracts on its website.
The Full Federal Court has thrown out a decision that found foreign passengers could join a class action against cruise operator Carnival PLC over the 2020 COVID-19 outbreak aboard the Ruby Princess, finding a class action waiver was not unfair.
Fighting what they say is a stultifying $1.23 million order for security for defence costs in a class action, franchisees of Hog’s Breath Cafe have argued it is up to the restaurant chain to prove group members can pony up the dough.
The largest shareholder in payday lender Nimble has lost its challenge to a decision blocking it from accessing company documents about an impending debt refinance, with an appeals court finding the investor’s concerns had “an air of commercial unreality”.
A judge has ordered the lead applicants in an unfunded class action against the Southport-based issuer of Qoin to cough up $750,000 in security, despite hearing submissions that the costs order would kill the case.
While mostly prevailing in test cases over coverage for COVID-19 business interruption claims, Insurance Australia Group has asked the High Court to weigh in on what it says is a “radical” approach by an appeals court in the treatment of JobKeeper payments.
An appeals court challenge by a group of small businesses seeking coverage under business interruption insurance policies for losses flowing from COVID-19 restrictions has largely failed.