Contracts

A PricewaterhouseCoopers partner has won his lawsuit against the professional services firm over his forced dismissal, with a judge finding the decision breached a partnership agreement and that the firm had acknowledged the partner did not misuse confidential ATO information.

A judge has ruled that HWL Ebsworth’s negligent advice over property in Paramatta’s ‘Auto Alley’ cost a client $2 million, rejecting the firm’s plea of contributory negligence against the owner.

A funder has won its bid for indemnity costs following a $2 million settlement offer, despite the offer being a ‘tactical’ move for costs protection in its successful $14.8 million claim against a Sydney property developer. 

The lead plaintiff in a class action by dealers over a decision to retire the Holden brand has settled its claim with General Motors, but is set to remain as the lead plaintiff in the case.

Defending a class action by dealers over a decision to retire Holden, General Motors argues it would have been forced to close the unprofitable plant that manufactured the vehicles for the Australian market even absent the 2020 withdrawal of the iconic brand.

A judge overseeing four COVID-19 business interruption class actions has questioned a decision by insurers to use ten test cases to resolve the issue of whether they had to indemnify policyholders instead of a class action, which would have been binding. 

A judge has hit former Network Ten political editor Peter van Onselen with costs, after finding he breached a non-disparagement clause in an agreement with the broadcaster by criticising his old employer in an article written for The Australian.

A judge has resigned before delivering judgment in litigation that went to trial in 2020, and the colleague assigned the unenviable task of issuing a ruling has taken a swipe at his departing peer, noting the absence of medical or other evidence to explain her “unwillingness” to see the case through.

A judge has rejected a bid by the administrator of a collapsed company to claw back a payment of security for costs made in earlier litigation, which he found did not give rise to a relevant security interest.

A judge has found the state of NSW liable to compensate the lead plaintiffs in a class action brought on behalf of small businesses over the “substantial and unreasonable” interference caused by the construction of Sydney’s $3 billion light rail network, but he flagged “significant problems” in applying his findings to thousands of potential group members.