Judges

Facing allegations that it misused its market power with major retailers, Mastercard is challenging a ruling for the ACCC that lays bare discussions about merchant agreements involving inhouse lawyers.

The director of collapsed builder Shangri-La Construction wants to expand his defence in a suit over allegedly flammable cladding installed in a Melbourne building to argue a funding agreement with an owners corporation was not valid because nearly a quarter of owners abstained or voted against it.

A construction company has lost its bid to appeal a VCAT decision determining a $1.4 million dispute against it because of its conduct in the case, with an appeals court rejecting its “narrow and technical” reading of the tribunal’s powers.

Defunct telecommunications company Jabiru Satellite can add new claims to its suit against major banks for withdrawing support for Australia’s first satellite, but it can't put on a case that the lenders were “shadow” directors.

A judge has flagged the possibility of referring lawyers acting for Alvarez & Marsal to the legal watchdog after hearing the consultant's costs of complying with preliminary discovery orders won by Ernst & Young could top $500,000.

A judge has put off deciding what damages group members are owed in two class actions against Apple and Google after finding the tech companies engaged in anti-competitive conduct in the app marketplace.

The developer of a 683-lot project in Glenmore Park, NSW has lost its bid to strike out parts of a class action by owners and investors alleging the land on which the development sits is unsuitable for residential construction.

Construction company Mossop has lost an appeal of a decision for concreter Contek, with an appeals court upholding a judgment accounting for all payment claims in the case, even those subject to agreement before trial.

In the final chapter of a years-long fight, an appeals court has ordered a NSW prefab home builder to pay almost $500,000 in damages after finding it engaging in misleading and deceptive conduct to convince a couple to vary their contract to allow the use of cladding they had previously rejected.

Mining giant BHP and its in-house labour hire subsidiary have failed in their Federal Court bid to stay same job, same pay orders by the Fair Work Commission ahead of an appeal.