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Mitsubishi loses appeal, court finds Triton fuel economy label misleading
Competition & Consumer Protection 2022-08-05 2:37 pm By Cindy Cameronne

Mitsubishi Motors has lost its legal challenge to a decision that found it made misleading fuel efficiency representations on a label affixed to the windshield of a Triton 4WD sold in 2017.

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Mercedes-Benz can’t access chats with Labor senator in $650M dealer suit
Competition & Consumer Protection 2022-08-04 11:29 pm By Cindy Cameronne

Mercedes can’t access communications between Australia’s peak body for car dealers and a Labor senator to use in its defence of a $650 million lawsuit over its decision to move to a fixed-price agency model.

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Citing ‘leisurewear effect’, judge says Brambles class action witness should testify in person
Class Actions 2022-08-03 1:52 pm By Sam Matthews

A judge has rejected a bid by chain logistics company Brambles to allow two of its US-based witnesses to appear remotely at an upcoming trial in a shareholder class action, saying the executives should make the trip or give no evidence.

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Mercedes bullied car dealers, called them ‘baby piglets’, court told
Trials 2022-08-03 11:40 pm By Cindy Cameronne

Officials at the Mercedes-Benz Australia head office referred to car dealers as “baby piglets” in internal communications and threatened and bullied the retailers, a trial court has been told in a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model.

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Mazda’s conduct not just ‘appalling customer service’ but unconscionable, ACCC says
Competition & Consumer Protection 2022-08-02 11:37 pm By Christine Caulfield

A judge was wrong to find that Mazda’s treatment of customers with faulty vehicles was appalling but not unconscionable, and nowhere in his ruling is there an explanation for the distinction, the consumer regulator has told an appeals court.

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ASIC says judge should not wait on High Court in case against payday lenders
Financial Services 2022-07-29 11:18 pm By Christine Caulfield

The corporate regulator will challenge a bid by payday lenders Cigno and BHF to stay its case pending their appeal to the High Court.

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Corrs client appeals finding that firm overstepped in preparing expert report
Legal Ethics 2022-07-27 11:50 pm By Cindy Cameronne

A client of Corrs Chambers Westgarth has filed an appeal after a judge found the firm went “far beyond the permissible scope” of involvement in an expert report prepared for a trade secrets case.

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Full Court decision could ensnare buy now, pay later schemes, High Court told
High Court 2022-07-27 11:37 pm By Sam Matthews

Payday lenders Cigno and BHF have filed High Court challenges to a judgment which found they could not bypass lender obligations contained in the Credit Code, warning the judgment could subject buy now, pay later schemes to the Code.

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HarperCollins wants High Court to reawaken deep sleep defamation case
Defamation 2022-07-27 1:41 pm By Cindy Cameronne

Publisher HarperCollins has filed a special leave application with the High Court seeking to challenge a decision that revived a defamation case by a psychiatrist over a book covering the controversial deep sleep therapy at the Chelmsford Private Hospital in the 1970s.

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Kupang Resources takes battle for director’s tax docs to High Court
Energy & Natural Resources 2022-07-22 2:26 pm By Christine Caulfield

Mining company Kupang Resources has asked the High Court to weigh in on its bid for tax office documents as it litigates to recoup millions of dollars allegedly embezzled by the company’s former shadow director.

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