Judgment

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. 

A GlaxoSmithKline unit has defeated Nova Pharmaceuticals’ bid to trade mark ‘Novadart’ for a generic version of the British company’s market-leading drug prostate drug ‘Avodart’, with a delegate finding the mark would cause consumer confusion.

Deciding an “unusually difficult” costs application, a judge has declined to award Monsanto all of its costs for defending a class action alleging its Roundup weed killer is carcinogenic, saying the agrochemical giant should have pushed harder for a split trial. 

A judge has rejected Queensland’s bid to transfer two class actions over the removal of Indigenous children to its home turf from Victoria, saying removal was unnecessary in light of the court’s use of livestreaming technology and willingness to hold hearings in Brisbane.

US-based Dana-Farber Cancer Institute has succeeded in patenting a patient-specific method for developing cancer vaccines using genome sequencing.