Appeals

Alliance Living has failed on appeal of a security for costs order in a dispute with a subcontractor on a project to restore Sydney's Gaden House, with NSW's top court saying the builder's failure to pay a judgment debt was relevant.

Seymour Whyte has failed to recover millions in asbestos remediation costs from insurer Liberty, with an appeals court finding the costs related to the presence of asbestos at the site of a Melbourne road project and not its release.

By the time Australia's emissions targets were set in 2015, the effects of climate change were already being felt in the Torres Strait, the Commonwealth has told an appeals court, saying a class action over Islanders' cultural loss can't prove causation.

People don't read terms and conditions when signing up to online services, an appeals court judge has told trading platform Plus500, which says the applicant in a class action is bound by an arbitration clause in its user contract.

The law of negligence should be expanded to recognise cultural loss as a compensable form of harm, a group of Torres Strait Islanders argue in challenging a ruling tossing their class action against the government.

After waiting three-and-a-half years for judgment and winning on “close to everything”, a class action against Domino’s over staff wages is "very likely" to face an appeal, with retiring Justice Bernard Murphy vowing to make final orders and not hand the "mess" over to another judge.

Hotly contested political issues should not be considered a judicial "no-go zone" that leaves policy decisions on climate change outside the reach of the courts, a landmark class action has told an appeals court.

One Nation politician Pauline Hanson has lost her appeal of a ruling that found she breached the Racial Discrimination Act with a tweet that said Greens senator Mehreen Faruqi should “piss off back to Pakistan”.

The National Cancer Foundation has defeated a challenge to its Brown Nose Day trade mark used for bowel cancer fundraising, with the Full Court finding it is not deceptively similar to SIDS Kids’ Red Nose Day mark. 

An appeals court has rejected a landowner's bid to remove a section of the Grand Pacific Walk north of Wollongong because the popular walkway deprived it of car access to its coastal property, ruling the walkway did not infringe its right of access.