Judgment

An appeals court has set aside a $160,000 judgment against Sydney law firm Atanaskovic Hartnell, overturning a finding that a founding partner engaged in a “campaign of denigration” against a former general manager.

In a loss for Bed Bath N’ Table, the Full Court has overturned a finding that homewares retailer House engaged in misleading and deceptive conduct by setting up its ‘Bed & Bath’ stores.

Distribution company Metcash has lost its bid to overturn a decision that found it had to provide employees with a 12-hour break between shifts irrespective of whether the work was ordinary or overtime hours.

ASIC has won its case against insurer HCF Life over a pre-existing condition term that was likely to mislead the public, but failed to convince the court that it was an unfair contract term. 

Expert evidence is not meant to “provide a judge with comfort”, a judge has found in rejecting evidence from two experts in flex commissions class actions against Westpac and Macquarie.

Coles has defeated a trade mark challenge to its Perform brand of sports nutrition products by a sports equipment company.

Bayer has lost its battle to protect top-selling blood thinner Xarelto from generic competition, with the Full Court finding two patents for the drug are invalid.

INPEX has won a bid to cross-examine AkzoNobel’s solicitors about discovery at the end of an 11-week trial over allegedly defective paint used on the $45 billion Ichthys natural gas project. 

An environmental group has lost a court challenge to controlled burns in the state’s Strathbogie Forest, despite arguing they would destroy the habitat of the endangered Southern greater glider. 

A Melbourne couple has won their case over a “deliberately misleading” rendering of a $9.6 million South Yarra apartment.