Appeals

Rideshare giant Uber is not a passive intermediary between drivers and riders, the NSW Office of State Revenue has told the High Court in a case over $81 million in payroll tax, but controls trips via its platform "from start to finish".

A defects class action against Ford that's been on foot since 2016 is headed to the Full Court again, after a judge recently ruled on two remaining issues in dispute following a High Court ruling on on how reduction in value damages should be calculated.

The Commonwealth has appealed a ruling that found the ATO knowingly received millions misappropriated by a former Kupang Resources director in order to satisfy a tax debt against him and skewered the office's “policy of wilful blindness” in pursuit of the debt.

A NSW appeals court has found objectors have no right to weigh in on development applications once they reach conciliation in the Land and Environment Court, and that judges don't have to consider all material before the court. 

A group member in a class action against Johnson & Johnson unit Depuy that resolved 14 years ago has successfully challenged his compensation award, with an appeals court finding the independent counsel who calculated his payout was bound by rules of procedural fairness. 

The High Court has been asked to weigh in on whether lawyers need to examine the underlying contracts in a dispute before determining whether a claim or defence is likely to succeed, in a challenge to the dismissal of a negligence suit against a Sydney solicitor.

Mastercard has lost its challenge to a ruling requiring it to hand over communications about agreements with retailers in a misuse of market power case brought by the competition regulator. 

US-based drug maker Cosette has lost its bid to stay proceedings alleging it induced the treasurer to reject its $672 million tie-up with Mayne Pharma, with a judge finding Mayne has a right to prosecute its case and would be prejudiced by the delay. 

The WA Court of Appeal has upheld the dismissal of a defamation case after the plaintiff failed to issue a concerns noting before bringing proceedings, resolving a novel question about the application of NSW law in the state.

The Full Court has rejected Medibank's bid to appeal a finding that legal professional privilege did not attach to a Deloitte report commissioned in the wake of a massive data breach.