Modco liquidators escape dismissal bid but must pay costs after 10-month delay

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Liquidators for defunct residential builder Modco have defeated a summary dismissal bid in a case over unfair preference payments but have been ordered to pay indemnity costs after 10 months passed without them taking a step in the proceeding.

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GrainCorp loses bid for security in property owners’ nuisance suit

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A class action by property owners near a GrainCorp factory in rural Victoria has defeated the company’s bid for security for costs, with a judge finding the orders would stultify the proceedings.

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Director can’t escape Symich Building liquidator’s examination despite fear of stroke

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A director can’t escape an oral examination by the liquidator of collapsed construction company Symich Building on medical grounds, with a judge saying the doctor who certified her as unfit seemed to misunderstand that examinations are “adversarial in nature”.

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Scenic Tours denies overseas cruise passengers have claims against it

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Scenic Tours Australia has denied it provided services to international passengers, in a class action over a 2018 European cruise where river levels dropped so low they became impassable. 

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Sydney Trains class action to renegotiate $7.6M settlement

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A class action by Sydney Trains’ operations staff, which settled for up to $7.6 million in January, will head back to the negotiating table after the registration of some 260 new group members pushed the settlement above the agreed cap.

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Sydney Uni academics want Bondi massacre cut from case

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Two University of Sydney academics accused of making anti-Semitic remarks following the 7 October 2023 attacks by Hamas have questioned proposed amendments to a discrimination case, including references to the Bondi massacre in December.

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Case against Reject Shop was class action from get-go, Full Court told

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The applicant in a class action against The Reject Shop told an appeals court Tuesday the case was always a representative proceeding despite a pleading mistake that left it empty of group members.

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Live exports class action says court failed to grasp impact of ban

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A class action over the government’s live exports ban is appealing a finding that no additional cattle would have been exported to Indonesia absent the prohibition, saying the judge failed to fully appreciate the “unheralded” ban.

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ACCC calls emergency meeting of fuel suppliers, warns against collusion

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The ACCC has convened an emergency meeting of fuel companies, warning them against engaging in collusive conduct amid disruptions in the oil markets caused by military operations in the Middle East.

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