The drawn-out legal drama between Paul Fishlock and Y&R Brands is at an end. The WPP agency network has decided to not appeal the NSW Supreme Court's decision for Fishlock. But there's still the matter of the bill.
In early June, Y&R Brands filed a Notice of Intention to Appeal with the Supreme Court, which was effectively a three-month extension for the company to consider having the verdict overturned. Yesterday, the window to appeal closed.
The Supreme Court handed down a judgement in favour of Fishlock in early May which awarded the former The Campaign Palace executive creative director damages of $268,259 after a long legal battle. He had originally sought almost half a million dollars. The presiding judge, Justice Sackar, found Y&R had repudiated its employment agreement with Fishlock after appointing Reed Collins to national chief creative officer.
The more than two-year long proceedings also racked up hefty legal bills for both sides. Late last month, in a separate session, the Supreme Court awarded Fishlock indemnity costs for the period for the preparation and trial of the civil case. It's unclear if WPP or Y&R will foot the bill.
“I'm relieved the case is now not going to drag on with an appeal and to finally close the book on what has been a farcical and costly two-and-a-half years of my life,” said Fishlock. “I'd like to thank the industry for its near universal support and I hope others in similar positions can take from this some confidence that David can beat Goliath.”
Commenting on the financial cost to him, Fishlock added: “I recovered about as much as it's possible to in respect of my employee entitlements and legal costs – which is obviously a good result. But it does stick in the throat that you can win as comprehensively as it's possible to win and still take a six-figure bath. Maybe I can make it up on the movie rights...”.
People who gave evidence during the civil case included former Y&R employees Nigel Marsh, Brent Liebenberg and Mark Mackay.
The Campaign Palace was ultimately folded into JWT in mid-2012. Fishlock started his own agency, Behaviour Change Partners.
Y&R declined to officially comment.
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