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Construction PRO
Developer can exit cladding class action to bring $15M case against Halifax
Sydney developer Tiptell has won its bid to exit a combustible cladding class action against 3A Composites and Halifax to bring its own claim for $15 million.
Developer wants out of combustible cladding class action to bring $15M ‘copy’ case
A developer for a high rise building in Mascot, Sydney has launched a post-trial bid to opt out as a group member of a class action against cladding manufacturer 3A Composites and supplier Halifax, in order to bring its own "copy" of the case.
Construction PRO
Mills Oakley solicitor used by client in attempt to mislead court, judge finds
A director at property developer Villawood can't shield instructions given to his Mills Oakley solicitor after a judge found he sought to use his lawyer to mislead the court.
Construction PRO
Judge grills lawyer about lengthy delays in $1.2M Park Vue litigation
A Federal Court judge has grilled a lawyer representing an investor that is suing the developers of a Melbourne apartment block over his client's failure to file evidence for 18 months.
GM loses bid to strike out Holden transmission defects class action
GM can't strike out a class action over alleged faulty transmissions in Holden cars, with a judge saying the case doesn't need to identify the “precise mechanical, metallurgical or engineering explanation” for alleged defects.
Payday lenders BSF, Cigno lose appeal in ASIC case
Payday lenders BSF Solutions and Cigno have lost an appeal in action by ASIC alleging they engaged in unlicensed credit activity and charged prohibited fees, in the case's second run up to the Full Federal Court.
Mercedes-Benz dealers come up short in appeal of $650M lawsuit loss
Mercedes-Benz dealers have lost their appeal of a decision tossing their $650 million suit, with the Full Court backing the primary judge’s rejection of a "moralistic" approach to unconscionable conduct.
Aristocrat can’t get gambling disorder info from class action members
Aristocrat has lost its bid to question class action members about whether they have a gambling problem ahead of mediation, with a judge saying it called for “self-diagnosis” and would not yield reliable results.
Aristocrat group members shouldn’t be probed on problem gambling before mediation, court told
A class action over allegedly illegal ‘social casino’ apps is fighting gaming giant Aristocrat’s bid to question group members about whether they are problem gamblers ahead of mediation, arguing the "unfair" exercise could invite vulnerable members to self-diagnose.
Full Court to weigh in on misfeasance in public office in Clive Palmer appeal
A judge has found Clive Palmer's appeal of a judgment striking out his lawsuits against former ASIC chair James Shipton raises important questions about what's required to advance a claim of misfeasance in public office and should be heard by the Full Court.