Judgment

Tossing a case by Tahmoor Coal's liquidators over a royalty deed that gave Glencore payments in perpetuity and impacted the company's sale price, an appeals court has found the deed was not unprofitable just because creditors might get a better return without it.

A judge has allowed a barrister who successfully defended a Perth gym in nuisance proceedings by a hospital to be paid 30 per cent above the scale rate, citing the matter's complexity and high stakes and the experience of opposing counsel.

ANZ has failed in its fight over insurance coverage for two class actions for which it paid settlements totalling $117 million, with a judge finding the costs were not losses under the policies at issue.

Insurer Holland has been hit with a $2 million penalty over claim delays which ASIC argued warranted a $30 million penalty, the first civil penalty against an insurer for breaching its duty of good faith.

HWL Ebsworth has defeated a former client's appeal of a $38,000 costs order, rejecting his claims of bias and lack of procedural fairness.

The Fair Work Commission has sided with Victoria University's proposal that a student advisor trial one day a week working from home, which the employee said was needed due to "physical fatigue associated with commuting". 

Insurer Nautilus has secured an extension to serve a writ on a slew of reinsurers as it awaits a High Court decision on whether to revive a class action against former NAB super fund trustee NULIS Nominees over $165 million in conflicted remuneration.

The owners of Perth high-rise HBF House have won their bid for discovery of documents from two CIMIC entities identifying defects with the façade, in a suit alleging the building squeaks when the weather changes and leaks when it rains.

CoreLogic can't delay paying indemnity costs for withdrawing an admission made at the beginning of an IP trial, with a judge saying its argument only ever worked in ‘Intolerable Cruelty’ and "only because delivered by George Clooney”.

Beverage maker Bickford's has lost its bid to exclude evidence from a bartender and cocktails consultant from a lawsuit against Noot Drinks alleging infringement of its 'Spritz' trade mark.