re: ominous signs for class action v mxg Who made you the...

re: ominous signs for class action v mxg Who made you the judge?
There was an interim decision in the minor (compared to Wembley's massive case) Cleveland case and a heavy restriction on penalty against Cleveland embedded in the contract. That clause holding will see MXG in the red. The case has only been decided on one issue and clearly indicated that the other issues were to be contested and no indication was given that was favourable to mxg.
Wembley will launch an action against mxg for their proper penalties. Others suffering loss as a result of their failure to deliver will be entitled to commence actions against the builder. The Wembley case against MXG has a provision for liquidated damages on a daily basis for delay. It is not exclusive of other rights accruing to Wembley under the contract and at common law.
As for the class action I'm not interested in failed cases involving other litigants on unrelated matters.
The class action against MXG is real and sitting on a major law firm's desk awaiting commencement. Not that I know but I believe they have done their homework. I believe the plaintiffs are on a slam dunk winner.