Appeals

A judge has set aside a tribunal’s refusal of a developer’s application to build a retirement village on land owned by the Federal Golf Club in Canberra. 

More than just subjective intention is relevant to the defence of honest concurrent use in trade mark law, non-bank lender Firstmac has told the High Court in its dispute with buy now, pay later giant Zip Co.

An appeals court has handed BHP a win in a dispute with Aquila Steel over the boundary between their neighbouring mining tenements, rejecting Aquila’s “fanciful” argument about the construction of a 58-year-old document.

BHP has filed a High Court challenge to orders requiring it to pay labour hire workers at mines in central Queensland the same as its workers.

A creditor of developer The Gosford has filed an appeal in a dispute over a $185 million property in Sydney, after a judge found that $48 million owed by builder Shinetec to its parent company after the developer called on a letter of credit fell within the definition of ‘secured money’.

Block Earner has told the High Court that its Earner product was never meant to generate a financial return for users, as the court mulls whether to overturn a ruling that found the cryptocurrency firm did not need a financial services licence. 

The Full Federal Court has upheld a finding that the Royal Embassy of Saudi Arabia is not immune from unfair dismissal proceedings launched by over a dozen former workers.

Insurer Marsh has successfully appealed a finding that it breached its obligation not to use documents discovered in litigation over the $7 billion collapse of supply chain finance firm Greensill in separate proceedings.

Liquidators of a collapsed developer have filed a High Court challenge after losing a bid to revive a lawsuit against a financier over the Pentridge Village development in Melbourne. 

An appeals court has upheld a ruling that said "like diamonds, easements are forever", finding users of the Unley Shopping Centre do not have right of way over a council carpark and access point adjoining the Adelaide shopping centre.