Appeals

The owner of Northcote Shopping Centre in Melbourne has lost its bid for leave to appeal in a fight with budget supermarket Aldi over whether clauses imposing a cap on rental increases is contrary to the Retail Leases Act.

Engineering services firm Worley has taken last month's landmark loss in a shareholder class action to the High Court, challenging the Full Federal Court's embrace of market-based causation and its adoption of the facilitation principle.

A judge has ruled that the trustee for Dexus' airport fund is justified in challenging a court decision that forces a compulsory sale of a $4.5 billion interest in the operator of Melbourne Airport.

A judge has sounded the alarm bell about regulators launching appeals to re-litigate enforcement proceedings, in a recent decision tossing the corporate cop's appeal in a case against insurer HCF Life.

Logistics company Brambles has lost its bid to pause costs orders while it prepares an appeal of the first post-trial win for a shareholder class action, while also flagging a bid to stay determination of group member claims.

An appeals court has upheld a finding that grain exporter Co-operative Bulk Handling responded too late to a $22.6 million payment claim from Martinus Rail, agreeing that the clock started ticking on a Saturday. 

An appeals court has overturned a finding that Racing NSW was not entitled to appoint administrators to the owners of Sydney’s Randwick Racecourse.

A failed class action against former NAB super fund trustee NULIS Nominees over $165 million in conflicted remuneration has asked the High Court to revive the case and provide clarity on the fees for-profit trustees can charge for their compensation. 

A judge has refused a bid by the director of property developer Vantager to stay orders to sell his property while he appeals a decision finding him liable for a “brazen fraud” after a $45 million sale was negotiated for a Denham Court property that was only worth $10.8 million. 

Super fund trustee REST Nominees is the first of the Dexus bloc of APAC shareholders to challenge a finding that a default notice issued by the board of the airport operator was valid.