Judgment

The Full Court has rejected trading platform Plus500's bid to stay a class action by investors who lost money on highly leveraged contracts for difference in light of an arbitration clause in its terms and conditions, upholding a finding that the clause was an unfair contract term.

The Commonwealth has lost its bid to strike out and declass a class action on behalf of female Australian Defence Force employees who allegedly faced systemic harassment and discrimination.

Pfizer has lost a patent infringement lawsuit against Samsung Bioepis over the generic version of its blockbuster autoimmune drug Enbrel, with a judge finding all but one of the patent's claims is invalid. 

A judge has declined a builder's bid for a recording during an adjournment, despite finding the recording was not of a court proceeding because the hearing had been suspended at the time.

A Treasury Wine Estates unit has lost its bid to trade mark a red wine bottle with a red screw top, an embossed crest and white label, with a delegate finding it lacked distinctiveness.

Cyprus has lost its opposition to registration of Fontana's 'Grilloumi' trade mark, with IP Australia finding that consumers would not associate the brand with halloumi cheese.

A judge has shot down Sydney Water's bid for discovery from a Frasers Property-Altis Real Estate joint venture, in a dispute over $48 million in infrastructure contribution charges for a $1 billion industrial development in Western Sydney.

A judge has ruled in favour of a funder who unknowingly agreed not to claim ownership over a council refund worth $800,000, the court finding that the developer’s director intended to claim the refund without the funder’s knowledge. 

A judge has tossed a case by Singaporean commodities trader UIL, finding it did not have binding agreements to buy 500,000 metric tonnes of coal annually from two NSW coal miners controlled by Jindal Steel.