Judgment

A group member in a class action against Johnson & Johnson unit Depuy that resolved 14 years ago has successfully challenged his compensation award, with an appeals court finding the independent counsel who calculated his payout was bound by rules of procedural fairness. 

Mastercard has lost its challenge to a ruling requiring it to hand over communications about agreements with retailers in a misuse of market power case brought by the competition regulator. 

A class action has failed to prove that Alucobond panel manufacturer 3A Composites and supplier Halifax Vogel misled consumers about the allegedly flammable cladding and breached consumer guarantees. 

A judge has slapped defunct crypto firm Binance Australia Derivatives with a $10 million penalty for misclassifying around 500 retail customers as eligible to invest in risky derivatives intended for sophisticated investors. 

The WA Court of Appeal has upheld the dismissal of a defamation case after the plaintiff failed to issue a concerns noting before bringing proceedings, resolving a novel question about the application of NSW law in the state.

A judge has fined Queensland mining equipment company Qteq $5 million and chair Simon Ashton a record $1 million for attempting to engage in cartel conduct.

A class action has failed to prove 3A Composites and Halifax Vogel misled consumers about alleged flammable Alucobond cladding, with a judge finding developers and others were responsible for ensuring the product was safely used. 

A judge has declined a funder’s bid for a $43 million payout in a class action accusing Colonial First State of charging excessive premiums, saying it was entitled to a 27.5 per cent commission but not $4.5 million for after-the-event insurance. 

A judge has approved a $50 million settlement in a class action against ANZ and superannuation trustee OnePath, but has slashed by half a proposed $1.76 million deduction for the plaintiff firm's after-the-event insurance.

A judge has refused to adjourn an appeal over a development application for a new lifestyle precinct in east Brisbane in light of a criminal case over the alleged unlawful use of the same land, opting instead for “careful” case management.