Judgment

The privacy commissioner has found Kmart Australia breached privacy laws by using facial recognition technology in its stores to combat refund fraud, finding the privacy invasion was disproportionate.

A judge has set aside an adjudicator’s decision that the head contractor for a luxury Gold Coast tower owes fitout company Starline $1.5 million, finding the subcontractor had obtained a District Court judgment over the same project.

The owner of a dental practice compulsorily acquired by Sydney Metro for the Metro West project has lost a bid for $6 million in compensation, with a judge rejecting its claim for ‘special value’ in the land.

CityLink has lost a bid to void toll roaming agreements with ConnectEast after it was ordered to repay $36 million in overcharged roaming fees, with a judge rejecting its arguments as contrary to City Link-specific legislation.

The developer of the Berrybank wind farm must produce expert communications in a lawsuit over noise emissions from its turbines, but can shield documents pointing to any defects. 

Martinus Rail has won its fight against grain supply chain Co-operative Bulk Handling over a $23 million payment claim for building a rail siding in WA, with a judge finding that the deadline for responding to the claim began running from a Saturday.

NSW government-owned utility Hunter Water has been ordered to pay $1.2 million in damages to 118 owners in a townhouse block in Newcastle for flooding caused by a burst water main. 

Another judge has railed against the use of generative AI in court proceedings, after a self-represented litigant filed an application to annul his bankruptcy that was replete with fake citations.

The developer of a 683-lot project in Glenmore Park, NSW has lost its bid to strike out parts of a class action by owners and investors alleging the land on which the development sits is unsuitable for residential construction.

A judge has ordered tech company Vehicle Management Systems to hurry up and choose between damages or an account of profits in its IP dispute with the city of Melbourne over a sensor-based system for timing parked vehicles.