Appeals

The Commonwealth has hit back at a class action’s appeal over the government's 2011 live exports ban, denying that it lied to an Indonesian minister about the ban. 

The Commonwealth Bank has avoided a separate hearing over its cross-appeal in shareholder class actions that have reached the High Court.

The High Court has dismissed Sunshine Loans' second attempt to have a judge recuse himself from a penalty hearing in ASIC’s case against the payday lender, despite his criticism of a witness due to give further evidence.

A class action over the government’s live exports ban is appealing a finding that no additional cattle would have been exported to Indonesia absent the prohibition, saying the judge failed to fully appreciate the “unheralded” ban.

The NSW Valuer General has lost its appeal of a decision upholding a challenge to eight land value determinations, with an appeals court finding that the Valuation of Land Act does not require the use of any specific method to determine land value.

The builder and the developer of Sydney's 'The Eliza' apartment building have sought special leave with the High Court after they lost their challenge to a referee report that found it was reasonable for the owners to block them from rectifying defects.

An appeals court has rejected a challenge to a permanent stay in a misleading and deceptive conduct case against engineering firm Everllence over alleged defective connective rods in engines supplied for a fast ferry registered in Denmark.

An appeals court ruling has confirmed that non-contracting owners must prove their own loss to claim defect damages under warranties in the Domestic Building Contracts Act. 

The High Court has declined to hear a challenge to an appeals court ruling that found mining companies AngloGold and IGO Limited did not need to renegotiate native title approvals when they consolidated 31 existing mining leases into one.

The High Court has declined to weigh in on a dispute between the tax office and Canberra developer Geocon over excess GST on $115 million in sales from a 360-unit development.