A Norwegian company can’t dodge service of a $2.5 million lawsuit via its Australian solicitors, failing in its argument that exceptional circumstances are needed to avoid the more lengthy and costly process of serving it in its home country.
Herbert Smith Freehills has filed proceedings against its former client United Petroleum, seeking costs of successfully defending a lawsuit alleging it acted negligently in relation to the company’s failed initial public offering in 2016.
A judge has held that there could be favourable costs consequences for Carnival if its rejected $15 million settlement offer in the Ruby Princess class action turns out to be more generous than the ultimate damages award, departing from a previous ruling that so-called Calderbank offers do not operate in group proceedings.
Cruise ship operator Carnival PLC has flagged a bid for indemnity costs after the lead applicant in a class action over a COVID-19 outbreak aboard the Ruby Princess rejected a $15 million settlement offer.
The federal government has hit back at a class action over an outbreak of white spot disease in South-East Queensland that decimated the commercial prawn industry, pointing the finger at several importers and saying farmers failed to mitigate their own losses.
International law firm HFW has lured a team of eight lawyers from Clyde & Co, led by a partner known for his litigation funding practice.
The lead applicant in a class action against Carnival PLC over a COVID-19 outbreak aboard its Ruby Princess cruise ship has lodged an appeal after she won her negligence case but walked away with only out-of-pocket expenses totaling $4,000.
Acciona has prevailed in a fight with subcontractor EnerMech over a $10 million progress payment, which a judge found was instead an attempt by EnerMech to claim a credit in relation to security paid to Acciona.
The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia’s consumer laws.
Weeks after giving the thumbs up to common fund orders at settlement, the Full Federal Court has been asked to decide whether judges have power to order payment of a commission to class action solicitors — not just funders.