Justice Stephen Free

An appeals court has found US drug maker Cosette could not rely on sales performance figures to justify its termination of a $672 million merger agreement with Mayne Pharma Group. 

Tossing a case by Tahmoor Coal's liquidators over a royalty deed that gave Glencore payments in perpetuity and impacted the company's sale price, an appeals court has found the deed was not unprofitable just because creditors might get a better return without it.

The liquidators of GFG Alliance's Tahmoor Coal have lost their appeal of a decision over a royalties deed in favour of former owner Glencore.

An appeals court has found that a judge misapprehended the Evidence Act by saying the legal team in a dispute over $100 million in land may be complicit in obtaining evidence unlawfully, and that there was no need for the lawyers to withdraw from the case. 

Bathroom products giant Reece has lost its challenge to a decision that found its lease of a western Sydney warehouse remained on foot after it made an invalid attempt to terminate the ten-year deal.

The developer behind the rebranding of the Seasons of Perth hotel wants the High Court to weigh in on Western Australia's security of payment laws, in a case it says goes to the heart of the biggest issue confronting Australia's administrative law.

Seymour Whyte has failed to recover millions in asbestos remediation costs from insurer Liberty, with an appeals court finding the costs related to the presence of asbestos at the site of a Melbourne road project and not its release.

Westwood Capital has lost its appeal over a contract to sell commercial property in Punchbowl for $100 million, after a judge found it was an uncommercial transaction and that Westwood had reasonable grounds to suspect the purchaser would become insolvent.

An appeals court has granted a builder's appeal in a dispute over payments for work on the Seasons of Perth hotel, finding the strict one-day deadline for serving an adjudication review application under Western Australia's Security of Payment Act is a jurisdictional requirement. 

Kicking off its appeal of a finding that it couldn't walk away from a $672 million merger agreement with Mayne Pharma, US drug company Cosette has told a court that Mayne was not upfront about its financial position prior to the deal.