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Sleeping Duck shareholder rejected $4M settlement in failed oppression suit
A Sleeping Duck shareholder has been ordered to pay the company's costs on an indemnity basis in its failed oppression suit, with a judge finding that its decisions to reject Sleeping Duck's buy-out offers of roughly $4 million were unreasonable.
Whitehaven Coal shareholders ‘trapped’ after 2012 acquisition, class action trial told
Shareholders in Whitehaven Coal who helped inject $150 million of capital during a 2012 merger are "trapped" after the ASX-listed coal producer failed to abide by its side of the deal, a class action funded by mining investor Nathan Tinkler has alleged on the first day of trial.
Judge ‘did not engage’ with necessary issues in Brisbane council worker’s negligence case
An appeals court has found that a judge was not justified in dismissing a negligence case by a call centre worker who left her job over abusive phone calls, saying the judge failed to engage with the issues needed to decide the dispute.
Class action firms can breathe easier after first contingency fee win
Class action settlement approval hearings are not a time for the court to second guess a law firm's contingency fee as set down in a group costs order, a judge has found, but the question of proportionality is still key, and evidence of a firm's return on investment and hourly fees may be relevant to the final decision.
Sydney developer on hook for $11.2M over role in Plutus blackmail scheme
A property developer has been ordered to pay $11.2 million to the liquidators of Plutus Payroll after a judge found he helped an employee of the defunct payroll services company "wash" money he blackmailed from the company’s directors.
Judge throws out defamation case over Shandee Blackburn podcast
A judge has thrown out a defamation case by John Peros, the former boyfriend of Shandee Blackburn, over a podcast by The Australian dealing with her murder, finding he did not suffer serious harm from the publication.
Class action filed over ‘substandard’ public housing in WA
A class action has been launched seeking “housing justice” for Aboriginal tenants living in alleged substandard public housing in Western Australia.
Sydney Trains underpayments suit mulls class closure as High Court takes up issue
An underpayments class action against Sydney Trains has flagged an application to exclude unregistered group members from any settlement, as the High Court steps in to resolve an appellate court split on the power to make class closure orders.
AG can gatekeep insurance providers for NSW lawyers, appeals court finds
The NSW appeals court has clarified the operation of the Uniform Law in the state, finding that insurers offering professional indemnity insurance to legal practitioners must be approved by the state's Attorney General.
Insurers win another fight over COVID-19 business interruption claims
Several insurers have won a dispute with two Melbourne businesses about whether an industrial special risks policy can cover losses suffered during COVID-19 lockdowns, with a judge finding the policy did not respond just because there were recorded cases in Melbourne.