Appeals

The High Court will hear the appeal of a failed class action over the planned demolition of inner-city public housing towers in Melbourne, which will involve consideration of the right to remain in settled social communities.

ASIC has lost its appeal of a failed bid to strike out of parts of mining magnate Clive Palmer’s claim that he was subject to an unlawful examination by the regulator, with a judge finding the pleading properly identified the ASIC officers involved. 

LG Australia has defeated an appeal of a decision which found it did not breach the duty of care owed to the owners of a refrigerator which caught fire, who were not provided with a replacement through a recall process.

Zip Co will have to rebrand after losing a challenge to non-bank lender Firstmac’s ‘Zip’ trade mark, with the High Court finding the honest concurrent use is to be judged by the standards of “ordinary, decent people”, not a subjective “Robin Hood” test. 

The High Court has knocked back shipping company CSL Australia’s attempt to avoid paying millions of dollars in damages after its cement carrier crashed into two tugboats docked in a Tasmanian port. 

The High Court of Australia will hear the appeal of a failed class action over the planned demolition of inner-city public housing towers in Melbourne, which will involve consideration of the right to remain in settled social communities.

A funder bankrolling proceedings over the compulsory acquisition of land for the Westconnex road project in Sydney has lost its bid to revive a lawsuit against the plaintiffs, with an appeals court saying it was a “classic example of abuse of process”.

An appeals court has tossed a challenge to a judgment against Polyaire, the lessee of an industrial premises in Sydney, after a judge found the air conditioning wholesaler was responsible for a fire that ignited after pellets were left exposed to the rain and sun.

An appeal by the buyers of a $2.3 million real estate business on the NSW Central Coast has fallen short, with a court finding that their solicitor's knowledge of a security charge was properly imputed to them. 

An animal rights group has told the High Court it retains copyright in footage it took while trespassing on a Victorian abattoir and that it “makes no sense” for the slaughterhouse to have rights to the footage.