LK Blog

The Costs of Doing Business – When Will a Litigation Funder Be Held Liable For a Non-Party Costs Order?

In a recent decision of the Supreme Court of New South Wales, Jin Lian Group Pty Ltd (in liq) v ACapital Finance Pty Ltd (No 2) [2021] NSWSC 1202, Stevenson J considered whether a successful defendant was entitled to a…

Madeleine Harland and Tim Bost

Shattering the Mirror: Privy Council Confirms Highly Specific and Limited Scope of Reflective Loss Principle

The recent decision of the Judicial Committee of the Privy Council in Primeo Fund (In Official Liquidation) v Bank of Bermuda (Cayman) Ltd & Anor [2021] UKPC 22 (Primeo) has endorsed the approach of the UK Supreme Court in Marex…

Kristy Zander and Madeleine Harland

Testing the Limits of COVID-19: High Court Rejects Special Leave for Business Interruption Insurance Test Case

On 25 June 2021, the High Court rejected an application brought by the Insurance Council of Australia (ICA) for special leave to appeal against the New South Wales Court of Appeal decision in HDI Global Specialty SE v Wonkana No…

Scott Foreman and Astrid Gillam

DEAL with it: the prima facie approach to a stay of court proceedings in favour of arbitration

A recent decision reiterates the courts’ pragmatic approach to ordering a stay of proceedings in favour of the parties’ dispute being determined by arbitration. In CPB Contractors Pty Ltd v DEAL S.R.L. [2021] NSWSC 820, Rees J held that practicality…

Rebecca Yorston and Sam Leeson

Setting Aside Arbitral Awards on the Grounds of Public Policy – a Recent Decision of the UK’s Privy Council

On 14 June 2021, the Judicial Committee of the UK’s Privy Council handed down judgment in Betamax Ltd v State Trading Corporation (Mauritius) [2021] UKPC 14. The judgment can be found here. The case has important ramifications for the extent to which…

Adam Greaves

COMI, or not COMI? Federal Court of Australia Grants Foreign Main Proceeding Recognition to Greensill Bank AG’s German Insolvency

Justice Anastassiou of the Federal Court of Australia has recently delivered two interlocutory decisions in the context of the highly publicised insolvency of Germany’s Greensill Bank AG.  Given that reported decisions on the recognition of foreign insolvency proceedings in Australia…

Madeleine Harland

Challenges to Arbitral Awards: Landmark Privy Council Decision

On 19 April 2021, the Judicial Committee of the Privy Council handed down its judgment in RAV Bahamas Ltd & Bimini Bay Resort Management Limited v Therapy Beach Club Incorporated [2021] UKPC 8, a landmark case in law on challenges to arbitral…

Adam Greaves

Holding the Parent to Account – When will a Parent Company be Held Responsible for the Conduct of its Subsidiary?

Okpabi v Royal Dutch Shell Plc [2021] 1 WLR 1294 (Okpabi) was a jurisdiction appeal which raised the question of whether the claimants had an arguable case that a UK-domiciled parent company owed them a common law duty of care,…

Madeleine Harland and Tim Bost

The ‘Harman’ obligation and private interests: considering practical issues when a liquidator assigns a claim to a litigation funder

Section 100-5 of the Insolvency Practice Schedule, which was introduced in 2017, provides that an external administrator of a company may assign his or her right to sue under the Corporations Act 2001 (Cth). The Federal Court has recently considered…

Madeleine McCarthy

Canada Square v Potter: Meaning of Deliberately Concealed Right of Action and Deliberate Breach of Duty for Purposes of Section 32 Limitation Act 1980

Section 32 of the Limitation Act 1980 (“LA 1980”) is an important provision for claimants in a limitation context. It postpones the running of a limitation period where the defendant has deliberately concealed a fact relevant to the claimant’s right…

Lucas Arnold


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