Liberty Mutual Insurance does not have to indemnify dam operator Sunwater for its share of a $440 million settlement of the Queensland floods class action, the NSW Supreme Court has found.
A judge was “mistaken” to find that AFT Pharmaceuticals’ ads for its painkiller Maxigesic were misleading, with the Full Federal Court ruling there was an adequate scientific foundation for the ads’ claims that the drug provided faster, better pain relief than paracetamol and ibuprofen alone.
Mercedes-Benz has responded to a $650 million lawsuit by Australian dealers over its decision to move to a fixed-price agency model, saying it had a “legitimate commercial interest” in making the change and denying that dealer agreements were “perpetual” in their terms.
A judge has said if he sides with a former ANZ trader in a privilege dispute with the bank over file notes from 2014 meetings over ASIC’s bank bill swap rate investigations it would create a “whole world of pain” for solicitors claiming privilege over their notes in other cases.
Freight forwarding company Mondiale has dropped its court action against WiseTech Global alleging the logistics firm breached competition law by misusing its substantial market power.
The structural engineer behind Sydney’s ill-fated Opal Tower can examine whether builder Icon Co has been indemnified for $31 million worth of damage which occurred in the 36-storey apartment block on Christmas Eve of 2018, a court has found.
Law firm HWL Ebsworth has dodged a $424,000 damages claim by a Brisbane property developer, despite a judge finding the law firm was negligent in failing to properly follow its client’s instructions on a contract of sale for large block of units.
A judge has questioned property developer PPK Group’s challenge to the dismissal of its long-running negligence case against HWL Ebsworth over the $25.5 million sale of Crown-owned land in Sydney.
Honda Motors has failed to strike out or permanently stay a proceeding seeking discovery for a possible lawsuit over the Japanese car maker’s decision to abandon its Australian dealership model, with a judge rejecting Honda’s argument that the preliminary discovery application didn’t meet the requirements for service abroad.
Workplace relations heavyweight Employsure has won its case against rival ELMO Software and two former employees who sought to jump ship to a competitor in breach of their employment contracts and fiduciary duties.