Judgment

In a win for the Australian Securities and Investments Commission, a judge has found that payday lender Sunshine Loans charged thousands of customers prohibited fees, issuing a scathing judgment condemning the company’s “wrongheaded” conduct.

A former director of Noumi has won his challenge to the food manufacturer’s claim for legal professional privilege over a PricewaterhouseCoopers report commissioned by its lawyers at Ashurst, with a judge finding the company waived privilege by disclosing it to Australian Securities and Investments Commission. 

Dental aligner maker Invisalign has won an appeal of a decision rejecting its case accusing SmileDirectClub of misleading consumers, but the appeals court noted that the prospect of a new trial was “remote” after its competitor went under.

A judge has summarily dismissed a case by five passengers against Qatar Airways that alleged the airline was liable for invasive examinations conducted by Qatar police after a newborn baby was found in a bin at the Doha airport. But the case is allowed to continue against subsidiary MATAR.

The collapsed companies behind dumpling chain Din Tai Fung have been hit with over $3.8 million in penalties after a judge found they engaged in a “a calculated scheme to rob employees of their hard-earned wages and deceive the authorities”.

The allowance for genuine redundancies is “not absolute” and employers need to consider measures to redeploy workers, including retraining, an appeals court has said in an unfair dismissal case involving 22 mining workers.

Coal mining company Tigers Realm breached Russian sanctions over its invasion of Ukraine by transporting coal within Russia before exportation to the Asian market, a judge has found. 

A judge has ruled that HWL Ebsworth invalidly expelled a former capital partner, finding that the expulsion, which prevented him from participating in a planned float of the firm on the ASX, breached the partnership deed. 

A bid by the law firm behind a settled class action against Hays Recruitment to increase a cap on costs to settle a spat with a litigation funder has been dashed, with a judge pulling up the firm for failing to inform the court of the funder’s claim.

The Australian Securities and Investments Commission has won its first civil penalty proceeding in a greenwashing case, with a court finding against Vanguard Investments over its $1 billion “ethically conscious” hedge fund.