Appeals

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.

A judge has refused to adjourn an appeal over a development application for a new lifestyle precinct in east Brisbane in light of a criminal case over the alleged unlawful use of the same land, opting instead for “careful” case management. 

Former Star CEO Matthias Bekier is seeking leave to appeal a judge's finding that he and the casino operator's former GC breached their duties, while ASIC is mulling a challenge to the court's dismissal of its case against members of the Star board. 

A judge has allowed a development application for a five-storey beach-front apartment building in Sydney’s Northern Beaches, saying it will not impact access to the foreshore.