Contracts

Telstra has successfully appealed a decision holding it liable for a $2.6 million telecommunications bungle at a Melbourne-based telemarketing business, with a judge finding it was entitled to rely on the expertise of business partner Kyrtec.

A judge has rejected Scenic Tours’ bid to declass a second class action brought by disappointed passengers on a series of European cruises and exclude international customers from the proceeding.

Accounting firm Ernst & Young is seeking to throw out a tax partner’s lawsuit alleging he remains in the partnership despite an attempt to remove him, arguing the dispute had to be determined through confidential arbitration. 

Chinese video camera company Bolin has won its bid for an urgent anti-anti-suit injunction against Australian competitor BirdDog, with a judge finding there was a risk of “irreparable prejudice” if Bolin lost its right to bring its claims.

Two former Fortrend Securities advisors, who face litigation over their defection to a rival, have hit back with a lawsuit of their own alleging the brokerage’s CEO sent a string of angry emails in a dispute over who should foot the bill for client expenses.

A Melbourne pawnbroker is facing a class action over alleged “unjust transactions” involving loans that were given in exchange for customers’ sentimental items and with annual interest rates equivalent to 480 per cent.

Honda has admitted that it owes compensation to a Melbourne car dealer for a deliberate breach of contract following its decision to ditch a dealership model in Australia, but argues a $22 million damages claim by the dealer needs a “reality check”.

EFTPOS provider Tyro has secured a $10 million settlement in a lawsuit accusing a unit of Canadian firm Lightspeed of violating a restraint of trade clause by encouraging Tyro customers to adopt its own competing payment system.

Herbert Smith Freehills has filed proceedings against its former client United Petroleum, seeking costs of successfully defending a lawsuit alleging it acted negligently in relation to the company’s failed initial public offering in 2016. 

Adani subsidiary Carmichael Rail has lost its High Court challenge seeking to have a dispute over damaged steel rails heard in Australian Federal Court rather than by an arbitrator in London.