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Cereal giant Sanitarium and retailer Rebel Sports have lost their appeal against a decision of the NSW Supreme Court staying proceedings against a UK marketing company in a dispute over a $1.4 million joint promotional campaign.
An appeals court has dismissed a banned medical doctor's challenge to the granting of three vexatious proceedings orders on constitutional grounds that the judge who made the orders was too old.
A Sydney community group has lost a last-minute challenge to the demolition of Allianz Stadium, with the Court of Appeal throwing the case out in a unanimous decision.
Two rulings Friday keeping alive the common fund order are a ringing endorsement by the courts of the important role that litigation funders play in class actions, experts say, and have paved the way for more funded post-Hayne consumer litigation against banks and other financial services firms this year.
Common fund orders in class actions are legal and not unconstitutional, six judges found Friday after a history-making joint sitting of two appeals courts.
Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.
An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.