Judgment

A Western Sydney council has lost its bid to keep expert evidence in an arbitration with a builder under wraps in its $7 million case alleging a Sydney architect is liable for defects in a tennis court complex. 

A judge has imposed a $1.55 million penalty on car finance lender Money3 in ASIC's action alleging breaches of responsible lending obligations, criticising the regulator again for its "sprawling" case. 

An appeals court has upheld a finding that Tasmanian Ports had a right to kick wood pellets manufacturer Resources Australasia off leased property after it erected an awning structure without permission. 

A2 Milk has won a long-running lawsuit alleging Care A2 Plus infringed its trade marks, with a judge finding the infringement was flagrant and rejecting arguments that 'a2' is descriptive of a type of milk that only contains the A2 protein.

A judge has hit mattress retailer Emma Sleep with a $15 million penalty after it admitted to repeatedly misleading consumers about discounts, saying the ACCC's proposed $36 million was not needed to achieve deterrence.

ASIC has lost its case alleging software company Nuix failed to publish corrective disclosures that contradicted the growth story presented to the market in a prospectus for its $1.8 billion float on the ASX. 

A judge has hit a container systems company with indemnity costs for tendering hundreds of pages of irrelevant evidence in a trade mark dispute and warned "future litigants that fail to heed this caution" face costs risks.

An appeals court has overturned a decision barring a law firm from acting in an employment case, saying it was an error for a judge to make the order without the firm being joined to the injunction bid.

A Toorak developer has been barred from calling on nearly $500,000 in security, with a court finding an allegation against contractor Kronstruct was “irrational and misconceived" and did not result in the alleged $1.6 million loss. 

A judge has rejected a bid to amend a shareholder class action against Beach Energy, saying the way the applicant had articulated its case on loss by reference to an expert report was “apt to lead to confusion”.