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Attacked as untenable, Bupa class action faces potential summary dismissal bid
A class action against aged care provider Bupa faced tough questions by a judge on Monday, who grilled counsel over the case's theory of loss. And the answers — rather than reassuring her — raised the spectre of a summary judgment fight.
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Sydney suburban gym wins $10 in appeal over lease with new owner
The operator of a gym previously inside a Bankstown RSL club has scored a partial win on appeal against its new landlord, but has only received nominal damages of $10. 
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Judge won’t force sale of $23M Footscray logistics site
A judge has refused to force the sale of a Footscray property used for logistics services, estimated to be worth $23 million, saying an agreement by the co-owners to sell it by a deadline could no longer be performed. 
Jetstar claims ‘silver bullet’ against COVID-19 flight credits class action
Jetstar is seeking an initial trial on an issue it claims will be a “silver bullet” against a class action on behalf of hundreds of thousands of customers whose flights were cancelled during the COVID-19 pandemic. 
Uber win reversed on appeal in fight over $81M in payroll tax
The NSW tax office has succeeded on appeal in its fight with Uber over five years of payroll tax totalling more than $81 million, with an appeals court finding that payments made to drivers are taxable.
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Charter Hall can respond to Pitt St developer’s reply evidence in $100M suit
A judge has allowed Charter Hall to respond to developer Pro-Invest’s expert evidence in a case claiming $100 million in damages for the lost opportunity to build a 26-storey hotel in the Sydney CBD. 
Judge sends University of Newcastle back to the drawing board with opt out notice
A judge hearing a class action against the University of Newcastle over engineering degrees that did not provide professional accreditation has refused to sign off on a deficient opt out notice. 
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Solicitor beats appeal in negligence case over rescinded property sale
An appeals court has declined to revive a negligence case against a solicitor accused by a former client of failing to advise him on key clauses in a rescinded $1.7 million sale contract.
Reject Shop defeats bid to retroactively redraw class action, in fight worth tens of millions
An employment class action against The Reject Shop can redefine group members and amend its claims, but not with retroactive effect that may have exposed the retailer to a case worth tens of millions of dollars.
Lendlease attacks class action’s ‘back door’ damages case
With evidence finally in after six years, Lendlease has asked a court to reject a portion of a shareholder class action’s expert reply evidence, arguing it unfairly introduces a new and unforeseen loss methodology.