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High Court upholds rejection of liquidator’s bid for pooling orders
The High Court has rejected a liquidator’s appeal arguing that two NSW printing press companies’ joint right to sue could be pooled to pay off debts for the entire corporate group.
Judges not constrained by unconscionable conduct checklist, High Court finds
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.
Garuda Airlines immune from creditor’s winding up bid, High Court says
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.
High Court says real estate agency not liable for developer’s source code theft
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.
Resort not vicariously liable for actions of urinating employee, High Court says
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.
High Court won’t hear appeal of security for costs order in Westconnex class action
The High Court has refused to hear an appeal of a decision forcing an unnamed litigation funder to provide $415,000 in security for the NSW government’s defence costs in a class action over the alleged fraudulent acquisition of land for construction of the $16 billion WestConnex tunnel.
In defamation victory, High Court finds Google not a publisher
Google has won its appeal of a judgment awarded to gangland lawyer George Defteros that found the tech giant liable for linking to an allegedly defamatory article, with the High Court finding Google was not the publisher of the story.
Babcock & Brown shareholders lose bid for re-trial over judge’s ‘pernicious’ delay
The High Court has rejected a bid by shareholders of collapsed investment advisory firm Babcock & Brown for special leave to seek a re-trial of their cases alleging disclosure breaches because of the trial judge's “excessive" three-year delay in delivering judgment.
High Court restores $435,000 award to sex offences prosecutor diagnosed with PTSD
The High Court has reinstated a $435,000 judgment awarded to a former lawyer who suffered post-traumatic stress disorder while working for the Special Sexual Offences unit in Victoria's Office of Public Prosecutions.
High Court deals blow to trust beneficiaries in victory for ATO
The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.