Appeals

Carlisle Homes has prevailed on a preliminary question in a dispute with Nexus Office over alleged defects in a Nexus Mulgrave rental space, with an appeals court finding an expert had not properly determined the dispute. 

The Full Federal Court has upheld a decision revoking Otsuka Pharmaceuticals’ patent extension for an injectable version of antipsychotic drug Abilify, finding the patent expired last year.

A collapsed developer and its builder have failed again in their dispute against a financier over the Pentridge Village development in Melbourne, with an appeals court taking a critical view of years of delays.

Biotech Regeneron and drug company Bayer have resolved their appeal of a ruling that allowed generic pharmaceutical manufacturer Sandoz to launch a version of top selling macular degeneration drug Eylea. 

A bid for approval of a seniors living complex on Sydney’s northern beaches has stalled after a court found a commissioner ignored mandatory considerations on the mistaken understanding that they conflicted with other planning requirements. 

A homophobic tweet aimed at independent Sydney MP Alex Greenwich may have approached “vulgar abuse" but was just part of the cut and thrust of Australian political debate, former One Nation politician Mark Latham has said.

Imposing a duty of care on the Australian government to protect Torres Strait Islanders from climate change would not involve the Federal Court in matters of political judgment, a failed class action has argued on appeal.

A Sydney builder has lost its challenge to a $453,000 judgment for a developer, with an appeals court finding the construction company claimed payment for a greater amount of work than was done on a project in Dural. 

Famed restaurant chain Momofuku has filed an appeal after losing its challenge to a trade mark of instant noodle giant Nissin Foods, a court has heard.

The tax commissioner is challenging last month's loss in a $948 million capital gains dispute with Malaysia's YTL Power.