Judgment

The National Cancer Foundation has defeated a challenge to its Brown Nose Day trade mark used for bowel cancer fundraising, with the Full Court finding it is not deceptively similar to SIDS Kids’ Red Nose Day mark. 

An appeals court has rejected a landowner's bid to remove a section of the Grand Pacific Walk north of Wollongong because the popular walkway deprived it of car access to its coastal property, ruling the walkway did not infringe its right of access.

Magnamail has defeated an ACCC suit alleging it misled customers by representing they were eligible for major prizes if they ordered from its catalogues, with a judge finding the mail order company's representation that customers 'could' win major prizes was true.

A developer can't expand its case against its partners on a residential development at the site of the Lilydale Quarry weeks out from trial, with a judge saying the new claims were brought too late and would unfairly prejudice the defendants. 

A local council can't prevent owners at three residential apartments from building a seawall at The Entrance to guard against damage from coastal erosion, with a judge finding the visual impact was limited to when the beach was fully eroded. 

Italian builder Webuild has lost its bid to permanently stay a SafeWork NSW prosecution over an 2022 incident while tunnelling for the Snowy Hydro expansion that allegedly gave rise to a risk of death or serious injury to two workers.

The sole director of WA insurance broker Dynamic Insurance can't represent the company in its competition suit against insurance broking network Steadfast Group and insurers QBE and Allianz, with a judge finding the company would be better off hiring a lawyer. 

Westwood Capital has lost its appeal over a contract to sell commercial property in Punchbowl for $100 million, after a judge found it was an uncommercial transaction and that Westwood had reasonable grounds to suspect the purchaser would become insolvent.

Domino's Pizza has been found to have engaged in misleading or deceptive conduct in representations about staff wages to its Australian franchisees, in a class action judgment three and a half years in the making.

Rebel Wilson has prevailed in a high-profile lawsuit by the lead actress in Wilson's directorial debut alleging a series of Instagram posts were defamatory.