The judge in Paul Fishlock's case against Y&R took the unusual step of adjourning proceedings for 15 minutes in the middle of evidence given by former The Campaign Palace boss Mark Mackay.
Mackay was the head of The Palace's operations at the time of Fishlock's departure, the subject of Fishlock's legal action against Y&R. Mackay was cross-examined all day yesterday on the third day of hearings.
A source close to the case told AdNews that a key pillar of Y&R's defence was based on whether Fishlock was or was not the executive creative director, or was or was not performing the duties of an ECD at the time of Reed Collins' appointment as national chief creative officer. However, Mackay's evidence suggested Fishlock was the executive creative director and was expected to carry out those duties.
At that point, Justice John Sacker asked Mackay to vacate the room and instructed the defence counsel to take an adjournment to discuss with their clients Mackay's evidence in the preceding half-hour. The judge had previously suggested both parties reach a settlement.
After the adjournment, Y&R counsel said it could not obtain further instructions on the matter and proceeded with the case. In the afternoon, details of email exchanges between Mackay and Y&R global chief creative officer Tony Granger emerged.
Former Y&R Brands chief executive Russel Howcroft was originally slated to give evidence for the defence but was not called.
Fishlock is suing Y&R Brands for almost half a million dollars after he was replaced as executive creative director of the now-defunct The Campaign Palace by Reed Collins in January 2011.
The evidence for the case has closed. A judgement is expected in the coming months.
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