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‘No duty to be decent and fair’: Allianz wins High Court appeal over cyclone damage claim
Insurer Allianz has won its challenge to a decision forcing it to indemnify a north Queensland body corporate for cyclone damage despite non-disclosure of serious building defects, with the High Court finding insurers have no general duty to be “decent and fair”.
Home builder admits to unfair clause banning bad reviews by customers
Property developer Fowler Homes has admitted that its standard contract included an unfair non-disparagement clause preventing customers from publishing negative reviews or other feedback without the company’s permission.
ASIC brings first-ever financial penalty case for alleged claims handling breach
The Australian Securities and Investments Commission has brought proceedings against insurance company OnePath Life, marking the first time the corporate regulator is seeking financial penalties for an alleged failure to act with utmost good faith during claims handling.
Grant Thornton sued by Quantum Graphite over 14-month trading suspension
Mining company Quantum Graphite has filed proceedings against accounting firm Grant Thornton over a 2020 report that caused the Australian Stock Exchange to suspend trading in the mining company’s securities for 14 months.
Corelogic again seeks to block copyright case over data scraping
Property data analytics firm CoreLogic is taking aim again at a lawsuit accusing it of unauthorised scraping of confidential information from building information provider BCI Media’s copyright-protected leads platform, months after a judge found the case was “defective and deficient".
Abandoned soccer match between Scottish rivals spawns $3M suit
Australian sports promoters TEG Live and Left Field Live have sued Scottish football team the Rangers for at least $3 million after the club allegedly backed out of a Sydney match with rival Celtic.
Directed Electronics wins suit over ‘reprehensible’ theft by ex-manager
Automotive electronics company Directed Electronics has largely prevailed in a five-year-old lawsuit alleging a former manager misappropriated company information and reaped $3.6 million in commissions through a secret side agreement with South Korean giant Hanhwa.
In blow for Acciona, court won’t declare COVID-19 a force majeure event
A judge has refused to declare COVID-19 a force majeure event in a loss for Spanish infrastructure giant Acciona, which seeks to back out of a construction project for a $696 million Kwinana waste-to-energy plant.
Judge in Seven’s spat with Cricket Australia takes aim at ‘vague and embarrassing’ pot-shots
A judge hearing a contract dispute between Seven Network and Cricket Australia has knocked the sporting body’s defence, in which it argues that Seven’s pleadings are ‘vague and embarrassing’, expressing his “growing frustration” with the phrase.
NAB defeats unconscionable conduct case by vehicle finance brokerage
A judge has tossed a broker’s lawsuit against NAB and its former subsidiary FAST, finding the bank was entitled to terminate its accreditation over the use of a banned broker’s trail book.