Judgment

HWL Ebsworth has won indemnity costs against a former client who alleged the firm gave negligent advice over property in Parramatta’s ‘Auto Alley’, with a court saying the client was the “author of the outcome about which it complains” by rejecting a $1.35 million settlement offer.

The former general manager of iProsperity has lost his challenge to the collapsed fund manager’s liquidators getting more time to investigate $18 million in payments he received, with the Full Court finding they were not wrong to prioritise investigations into $62.5 million in payments to Crown and The Star.

The Fair Work Commission has rejected a former Australian Competition and Consumer Commission employee’s unfair dismissal case, finding his argument that he resigned after the regulator repudiated his contract “disingenuous”.

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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’.

A judge has granted a limited stay of an injunction against US sports merchandise Fanatics after AFL merchandise maker FanFirm won its case alleging the US company knew about its ‘Fanatics’ trade marks.

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

The High Court has rejected an appeal from a joint venture that provided work on Chevron’s Gorgon liquified natural gas project that argued the Western Australia appeals court lacked power to uphold a ruling that set aside an arbitration ruling in a $130 million dispute over the project.

Australian wine company McGuigan has lost its bid to trade mark ‘Black Label’ for its wine after Johnnie Walker, which makes the popular Black Label whiskey, successfully argued it would cause consumer confusion.

A tribunal has recommended that a Sydney solicitor be struck from the roll after finding him guilty of professional misconduct for sending numerous profane emails to a Mills Oakley solicitor during a dispute, noting the “unrelenting stream of discourteous, insulting or offensive correspondence” directed to the tribunal.