Charles Parkinson

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

An appeals court has questioned General Motors’ construction of its settlement with the applicant in a class action on behalf of Holden dealers, as the car maker seeks to overturn a ruling that put it on the hook for the applicant’s full costs.

A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit. 

A judge who tossed a $650 million lawsuit by dealers against Mercedes-Benz has said he rejected a “value-laden” take by other judges on what amounts to unconscionable conduct, avoiding what he mockingly described as “putatively profound” propositions “dollied up in prettified prose”.

Telstra has successfully appealed a decision holding it liable for a $2.6 million telecommunications bungle at a Melbourne-based telemarketing business, with a judge finding it was entitled to rely on the expertise of business partner Kyrtec.

Still in the dark about insurance coverage and seeking to stem the flow of cash, two class actions against Heritage Care and St Basil’s over COVID-19 outbreaks have been shelved pending the outcome of criminal cases against the Victorian aged care providers, in a decision the judge said “wouldn’t gladden the hearts of group members”. 

Mercedes-Benz dealers have appealed a judgment that found their $650 million lawsuit against the luxury car maker over its decision to move to a fixed-price agency model tried to “rewrite the contractual bargain” they had agreed to in order to better suit their commercial interests.

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

General Motors is stuck with the full costs of the applicant in a Holden dealers’ class action as part of a settlement with the dealership, despite arguing it had intended by its offer to pay the costs incurred only by the lead plaintiff itself.

A judge has questioned a challenge by two class actions against Victorian aged care providers to a ruling that rejected their bid for insurance and financial information, which the defendants argue would have far-reaching implications.