Appeals

The farmers leading a class action against Advanta Seeds over contaminated product have brought their case to the High Court, challenging an appeals court's holding that a disclaimer nullified the company's duty to protect growers against economic loss.

Beauty giant Mecca has succeeded in fending off a luxury cosmetics brand's appeal of a decision that found a term of an exclusive distribution agreement between them was not an unlawful restraint of trade.

A lawyer who represented murder suspect Henry Keogh has failed to secure payment of his professional fees out of an ex-gratia payment to Keogh from the South Australian government, after an appeals court found the contingency under his retainer never arose.

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other's 'Motherland' and 'Mothersky' trade marks and are considering taking the long-running stoush to the High Court. 

Construction company Richard Crookes plans to appeal a ruling which found the Security of Payment Act is available to insolvent builders to pursue debts under a deed of company arrangement, despite an amendment to the law preventing construction companies in liquidation from enforcing payment claims.

A liquidator for two related NSW printing companies has launched a High Court challenge to overturn a judgment finding a joint right to sue another business for $330,000 could not be combined in a pooling order. 

The High Court has granted leave to the applicant in a class action against Carnival PLC to appeal a ruling that upheld a class action waiver in tickets bought by foreign passengers on the ill-fated Ruby Princess in 2020.

The High Court has granted special leave to a Queensland council to challenge a ruling ordering it to repay owners of waterfront properties tens of thousands of dollars spent on an invalid canal maintenance levy.

The High Court has denied Clive Palmer leave to appeal successive court decisions which found his company Mineralogy's royalties dispute with mining company Adani should be determined through a dispute resolution process rather than in court.