The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.
Counsel for Worley in a nine-year-old shareholder class action that is set for another Full Court appeal has foreshadowed a possible recusal application against the judges who heard the first appeal.
The High Court has dismissed an appeal of a decision which found Indonesia’s national airline could avail itself of foreign state immunity to defeat a winding up application.
A New South Wales developer’s competition case against NSW Ports over a ports privatisation agreement looks bound for the High Court after a judge found a related ACCC proceeding did not bar it from bringing the case, which will challenge a Full Court finding that the ports operator was shielded by derivative Crown immunity.
The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia’s consumer laws.
The High Court has found Victorian real estate agency Biggin & Scott did not authorise through “indifference” the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.
The High Court has refused to throw out a personal injury case over 55-year-old child sexual abuse claims, despite the death of the alleged perpetrator and most relevant witnesses, saying a permanent stay is a “measure of last resort”.
The High Court has found a Whitsundays resort is not vicariously liable for the actions of an employee who urinated on his roommate in staff accommodation after a night of drinking, finding the act had “no real connection” to his employment.
The High Court has ruled that the buyer of a well-known Sydney hotel was not entitled to repudiate the purchase agreement because of the hotel’s compliance with restrictions on public gatherings during the COVID-19 pandemic, which affected the operation of the business.
The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports.