Applicants in class actions against Hyundai and Kia over alleged defective braking will pay the car manufacturers’ costs incurred for abandoned appeals, despite arguing the appeals were overtaken by subsequent events.
Granting an appeal by native title holders, the High Court has found that a ‘connection’ with relevant land need not be demonstrated by physical acts.
Lendlease has vowed to appeal its failed bid to enforce a $120 million purchase agreement for five plots of land in Campbelltown, saying it could face a $100 million write-off if unsuccessful.
A developer has won an extension of a freeze on $25 million held in escrow in its dispute with a builder over payment claims for a Main Beach high-rise, after it filed an appeal.
A failed class action against Queensland utilities Stanwell and CS Energy can’t delay payment of what might be in excess of $30 million in defence costs while it pursues an appeal, but has dodged a penalty for running a case the companies said was hopeless.
The High Court will weigh in on the relevance of reputation in passing off claims, taking up an appeal by Bed Bath N’ Table of a finding that rival retailer House did not engage in misleading and deceptive conduct in setting up its Bed & Bath stores.
The High Court has declined to hear radio manufacturer Hytera’s appeal of a finding that it misappropriated Motorola’s source code in a case of “substantial industrial theft”.
An appeals court has dismissed a competition case by Mayfield Development against NSW Ports over agreements to privatise two ports, finding that derivative Crown immunity applied to the port authority.
Payments by bottler Schweppes Australia to US drink giant PepsiCo should be assessed as royalty income under tax law, the ATO has told the High Court in a high-stakes case.
In a loss for the ACCC, the High Court has found builder J Hutchinson did not arrive at an anti-competitive understanding with the CFMEU merely by yielding to a threat of industrial action.