Judgment

The managing director of the Australian arm of property developer Arada has lost his bid to bar a vote on his termination as he and the group's CEO sling allegations of misconduct and dishonesty. 

A Heran Group unit has lost its challenge to orders that $4.8 million be paid to a Queensland builder from an escrow account held by HWL Ebsworth amid an appeal in its dispute over a $128 million contract for beachfront apartments. 

A real estate agency in Victoria has lost a suit seeking the payment of its advertising costs from a former client, with a judge finding that writing 'TBA' in the contract defeated the consumer protection purpose of rules for real estate agents.

Alinta Energy has won an urgent injunction against former contractors working on the Wagerup power station in Western Australia, saying delays on the project have caused daily losses of $137,000 in revenue since mid-July. 

JB Hi-Fi has lost its bid for soft class closure orders in a class action on behalf of eight million customers, with a judge finding it would likely lead to conflicts of interest and a "post-settlement wave" of late registrations.

An Ernst & Young tax partner who was terminated from the partnership over his involvement in a bar fight has lost his lawsuit against the firm, with a judge finding the partnership agreement extended to private conduct.

The builder and developer of Sydney's 'The Eliza' apartment building have lost their challenge to a referee report that found it was reasonable for the owners to block them from rectifying defects.

A judge has criticised the liquidators of a collapsed luxury homes business for a three-month delay in seeking court approval for a litigation funding agreement, warning other liquidators that they should apply for funding in advance.

Nike has lost its challenge to a Canberra AFL club's trade mark, with IP Australia finding that the “arc-like feature” depicting a football in flight was not deceptively similar to the sportswear giant’s iconic swoosh mark.

A GIO insurance policy held by labour hire company Workpac extended to indemnify a Rio Tinto mine operator for damages resulting from an injury to a worker, an appeals court has found.