Fishlock and Y&R still battling over legal costs

By Wenlei Ma | 8 November 2013
 

The legal wrangle between former The Campaign Palace creative honcho Paul Fishlock and Y&R Brands rumbles on with the two parties at loggerheads over costs.

Following the judgement in Fishlock's favour, Y&R was ordered to pay indemnity costs for his legal costs. This week, Y&R rejected a compromise offer from Fishlock's attorneys, which Fishlock claimed was significantly lower than the roughly $700,000 legal costs he has accrued.

The matter will now go to an independent cost assessor who will scrutinise each line item of legal fees in the two-year-plus long civil battle.

“Nothing about these people surprises me any more,” Fishlock said. “Their behaviour will never change.”

The legal costs have far exceeded the damages of $268,259 awarded to Fishlock in May by the presiding judge, Justice John Sackar. He had initially sought almost half a million dollars.

The lawsuit was initiated by Fishlock in August 2011 on the basis Y&R had breached his employment contract with the appointment of Reed Collins as national chief creative officer. Fishlock was executive creative director at the time and found out about Collins' role through the trade press.

Fishlock had sued for monies owing from his notice period, long service leave and other entitlements.

The case was heard in the Supreme Court in February with witnesses including then-Palace boss Mark Mackay, former Y&R head Nigel Marsh and former Palace creative Brent Liebenberg.

Following the May judgement, Y&R filed a Notice of Intention to Appeal, which gave the WPP company the option to appeal the verdict. However, a potential appeal had been abandoned in August.

The Palace no longer exists as an agency after it was absorbed by JWT in June 2012 after a period of turmoil. Fishlock set up a new agency, Behaviour Change Partners, in 2012.

Comment has been sought from Y&R.

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