Probuild Constructions has failed in its special leave application to the High Court, which sought to challenge a ruling that it held $7.7 million in trust for insurer Allianz under a deed of indemnity in connection with the development of West Side Place in Spencer St, Melbourne.
A judge has granted a bid for a new mediator in a class action over allegedly combustible cladding, agreeing with the applicant that a “fresh start” may be beneficial.
A franchisee class action against United Petroleum over the installation of allegedly loss-making Pie Face stores at its franchise sites has succeeded in fending off the petrol company’s bid for security, with a judge agreeing it would have a chilling effect on the unfunded case.
A man awarded $300,000 after he was unlawfully imprisoned for contempt has won his legal costs from the judge who jailed him. But a court has rejected his bid to recoup the costs paid to a damages expert in his case, finding he gave her “incomplete, inaccurate and unreliable” instructions.
A judge’s appeal of a decision that found he unlawfully imprisoned a man for contempt and was liable for over $300,000 in damages may go straight to the High Court and should be heard before a similar suit by another man jailed by the judge, a court has heard.
The Federal Court erred in finding a judge did not have judicial immunity from liability for damages suffered by a Queensland man found to have been wrongfully imprisoned for contempt, an appeals court has been told.
A judge has allowed Care A2 Plus to proceed with an appeal arguing a US lawsuit by former business partner Gensco should be blocked, saying the infant formula company will otherwise face a “risk of substantial injustice”.
Care A2 Plus should be given leave to appeal a ruling over an overlapping US case by former business partner Gensco so that it can file a challenge in the High Court if need be, a court has heard.
The law firm that’s running a franchisee class action against United Petroleum over allegedly loss-making Pie Faces stores has has won its bid to peek at draft communications the oil giant wants to send to group members.
The Full Federal Court’s finding that the High Court did not extinguish the power of judges to make common fund orders on approval of class action settlements is the latest milestone in the evolution of Australian class action jurisprudence, experts say.