Judgment

Crowley Australia has lost its challenge to a $6.1 million decision for contractor Latitude 63 in a payment row over the construction of fuel tanks in Darwin, with a judge rejecting claims the adjudicator should have recused himself. 

The Public Service Association has moved to sack a legal officer for allegedly submitting false time records when working from home, but the Fair Work Commission has found its investigation lacked procedural fairness. 

Dairy company Care A2 has failed to block food producer Care Natural’s trade mark, with an IP Australia delegate finding that the word ‘care’ was not enough to render the mark deceptively similar or identical to Care A2's marks.

In finding Star Entertainment's former group general counsel liable for breaches of duty, the judge overseeing ASIC's case has questioned the chief lawyer's insistence that she "rarely gave legal advice" and that her roles with the company should be delineated.

Delivering his findings on ASIC’s action against Star Entertainment executives on Thursday, Federal Court Justice Michael Lee remarked that the “self-congratulatory submissions" of former board members named in the case were "jarring”.

ASIC has had mixed success in a case against former Star directors and officers, with a judge finding the casino operator’s former CEO and GC breached their duties but that claims against the former board fell short.

A challenge to the City of Sydney's refusal to approve a digital billboard on the heritage-listed Grace Bros building has fallen flat, with a judge saying the sign would “dominate the skyline” and affect key views from Broadway.

A University of NSW employee has lost her bid to work exclusively from home to care for her young child, with the Fair Work Commission saying her request for a flexible work arrangement, while “reasonable”, was invalid under the Fair Work Act.

Corporate advisory firm Cadence has left court worse off after bringing a defects suit against a builder and subcontractor on a residential development in New South Wales’ south coast, with the builder winning a $140,000 judgment on its cross-claim.

Two victims of collapsed investment firm Courtenay House have won a case against the real estate agent who persuaded them to invest hundreds of thousands of dollars into the $180 million Ponzi scheme.