24/08/2010 - 15:40

Court case against Rusty dismissed

24/08/2010 - 15:40

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A former investor in international surfwear brand Rusty has failed in his bid to recoup more than $2 million he sunk into the company in 2006 when employed as Rusty's in-house legal adviser.

A former investor in international surfwear brand Rusty has failed in his bid to recoup more than $2 million he sunk into the company in 2006 when employed as Rusty's in-house legal adviser.

The federal court case brought against the main shareholders and chief executive of Vegas Enterprises, the operating name of Rusty, was dismissed today.

Former in-house legal adviser to Vegas, Philip George Clifford filed the lawsuit against Rusty boss, Geoff Backshall and fellow Vegas director Rod Hart in February last year alleging misleading and deceptive conduct in breach of the Trade Practices Act and Fair Trading Act.

This afternoon Justice Michael Barker dismissed the case and rejected requests from Mr Clifford's lawyer, Alan Rumsley, to discount court costs after Mr Rumsley suggested the "large majority of the evidence put forward was irrelevant" and the "matter could have been run by one set of solicitors".

"It seems to me that the ordinary approach to costs should apply," Justice Barker said.

"The application is dismissed... and the applicant will pay costs of the first respondent, and the second respondent and third respondent."

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