Martinus Rail wins fight over $23M payment claim

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Martinus Rail has won its fight against grain supply chain Co-operative Bulk Handling over a $23 million payment claim for building a rail siding in WA, with a judge finding that the deadline for responding to the claim began running from a Saturday.

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Shangri-La director takes aim at funding agreement for cladding suit

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The director of collapsed builder Shangri-La Construction wants to expand his defence in a suit over allegedly flammable cladding installed in a Melbourne building to argue a funding agreement with an owners corporation was not valid because nearly a quarter of owners abstained or voted against it.

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Appeals court rejects ‘narrow, technical’ reading of VCAT’s powers

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A construction company has lost its bid to appeal a VCAT decision determining a $1.4 million dispute against it because of its conduct in the case, with an appeals court rejecting its “narrow and technical” reading of the tribunal’s powers.

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High Court won’t hear unreasonable transaction case over Adelaide CBD property mortgage

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The liquidator of a company created to invest in an Adelaide building has failed in a High Court bid to reinstate a finding that the mortgage over the property was an unreasonable director-related transaction.

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Jabiru can expand case over pulled finance for Australia’s first satellite

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Defunct telecommunications company Jabiru Satellite can add new claims to its suit against major banks for withdrawing support for Australia’s first satellite, but it can’t put on a case that the lenders were “shadow” directors.

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Judge flags possible referral to legal watchdog in EY, Alvarez & Marsal suit

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A judge has flagged the possibility of referring lawyers acting for Alvarez & Marsal to the legal watchdog after hearing the consultant’s costs of complying with preliminary discovery orders won by Ernst & Young could top $500,000.

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Class action must wait for damages in competition case against Apple, Google

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A judge has put off deciding what damages group members are owed in two class actions against Apple and Google after finding the tech companies engaged in anti-competitive conduct in the app marketplace.

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Mulpha can’t strike out class action over Mulgoa Rise development

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The developer of a 683-lot project in Glenmore Park, NSW has lost its bid to strike out parts of a class action by owners and investors alleging the land on which the development sits is unsuitable for residential construction.

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