Appeals

Zip Co will have to rebrand after losing a challenge to non-bank lender Firstmac’s ‘Zip’ trade mark, with the High Court finding the honest concurrent use is to be judged by the standards of “ordinary, decent people”, not a subjective “Robin Hood” test. 

An appeals court has tossed a challenge to a judgment against Polyaire, the lessee of an industrial premises in Sydney, after a judge found the air conditioning wholesaler was responsible for a fire that ignited after pellets were left exposed to the rain and sun.

An appeal by the buyers of a $2.3 million real estate business on the NSW Central Coast has fallen short, with a court finding that their solicitor's knowledge of a security charge was properly imputed to them. 

An animal rights group has told the High Court it retains copyright in footage it took while trespassing on a Victorian abattoir and that it “makes no sense” for the slaughterhouse to have rights to the footage.

Former Humm Group chair Andrew Abercrombie wants the High Court to overturn a Takeovers Panel ruling that found he misled investors about a takeover bid by Credit Corp.

The Full Court has tossed a former Neometals employee's appeal of his failed whistleblower case, finding the company did not believe he had made a protected disclosure when making him redundant despite the company conceding that the was "somebody who frequently raised issues".

EnergyAustralia has lost its appeal of a finding that it's on the hook for portable long service leave for maintenance workers at its Yallourn power station because its significant maintenance activities mean it's 'in the construction industry', a ruling that could affect energy, rail and telecommunications firms.

An appeals court has found the owners of a cotton farm in Queensland are liable for causing nuisance to their neighbours after building a flood mitigation levee, despite the levee being a “common and ordinary” use of the land.

The developer of a 61-apartment building in the Sydney suburb of Mascot has won a challenge to Bayside Council's requirement that it rectify alleged damage to neighbouring land before an occupation certificate is granted.