Insurer Allianz has won its challenge to a decision forcing it to indemnify a north Queensland body corporate for cyclone damage despite non-disclosure of serious building defects, with the High Court finding insurers have no general duty to be “decent and fair”.
The High Court has found that property data analytics firm CoreLogic did not infringe a real estate photographer’s copyright by uploading images from realestate.com.au to its platform, overturning a decision of the Full Federal Court.
A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.
A law firm wants to challenge a court order that it play nice with a competing firm in a class action for investors against Blue Sky Alternative Investments and auditor EY.
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.
The High Court has unanimously dismissed Western Power’s challenge to a judgment which found the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.
Santos has lost its challenge to a judge’s decision to revoke approval for its $4.7 billion offshore gas project because Tiwi Islanders were not properly consulted about the project.
Developer JD Group has scored a partial win in its challenge to a damages award to a Melbourne couple over a “deliberately misleading” rendering of a $9.6 million apartment, with a judge saying the case showed the “inherent risk” in buying apartments off-the-plan.
Mineral exploration company Boart Longyear has been granted leave to appeal a finding that it infringed a patent for a mining tool, but it can’t avoid a recall of its tools, with a judge saying its actions were “not uninformed or innocent”.
The wife of a billionaire developer has lodged an appeal seeking to suppress the affidavits of a tax official in a $272 million proceeding brought by the Australian Taxation Office.