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Full Court revives harassment case, says judge relied on ‘preconceptions’
An appeals court has overturned the dismissal of a sexual harassment case and ordered a new trial after finding a judge did not consider crucial evidence and relied on "a preconception of how a victim would act".
Construction PRO
Monarch Tower liquidator can’t bring late voidable transaction cases
The liquidator for collapsed property developer Monarch Tower has lost its appeal seeking an extension of time to bring voidable transaction claims said to be worth $27 million against 13 individuals and companies.
Alceon hit with $3M in damages for ‘misleading’ sale of Qld shopping centre
Private equity firm Alceon and a vendor have been hit with $3 million damages over the misleading sale of a Queensland shopping centre for $55 million.
Funder’s payout in AMP class action should be shaved by $2.6M, court told
A contradictor appointed to represent group members' interests in relation to a $100 million settlement in a class action against AMP wants to shave $2.6 million off the funder’s cut, telling the court that deductions for ATE insurance and administrative fees should not be approved.
High Court to hear appeal over liability for developer’s source code theft
The High Court will hear an appeal over whether real estate agent Biggin & Scott should be held liable for copyright infringement for its supposed "indifference" to the copying of real estate marketing platform Campaigntrack's source code by a developer.
Puma loses appeal bid in trade mark fight with Caterpillar
Puma has failed in its bid for leave to appeal a decision that found its ‘Procat’ trade mark was deceptively similar to US machinery manufacturer Caterpillar’s CAT marks.
High Court says ‘direct and far-reaching ramifications’ of contract gives outsider right to relief
The High Court has ruled that the “direct and far-reaching ramifications” of a contract between the federal government and Tasmania’s two major airports justifies an order for declaratory relief sought by local councils about the obligation of the airports' operators to pay rates.
‘Rambling and non-responsive’: Law firm dodges $6.5M negligence claim
A law firm has dodged a $6.5 million negligence claim by a Tasmanian agricultural business over advice supplied about agreements entered into with a division of collapsed forestry giant Gunns Limited, with a judge slamming the company director's evidence as "rambling and non-responsive".