Appeals

The WA Court of Appeal has upheld the dismissal of a defamation case after the plaintiff failed to issue a concerns noting before bringing proceedings, resolving a novel question about the application of NSW law in the state.

The Full Court has rejected Medibank's bid to appeal a finding that legal professional privilege did not attach to a Deloitte report commissioned in the wake of a massive data breach.

A judge has refused to adjourn an appeal over a development application for a new lifestyle precinct in east Brisbane in light of a criminal case over the alleged unlawful use of the same land, opting instead for “careful” case management. 

Former Star CEO Matthias Bekier is seeking leave to appeal a judge's finding that he and the casino operator's former GC breached their duties, while ASIC is mulling a challenge to the court's dismissal of its case against members of the Star board. 

A judge has allowed a development application for a five-storey beach-front apartment building in Sydney’s Northern Beaches, saying it will not impact access to the foreshore.

Former chair of fintech Humm Group, Andrew Abercrombie, is seeking review of a Takeovers Panel ruling that found he misled investors about a takeover bid by Credit Corp.

Medibank has criticised a judge’s finding that legal professional privilege did not attach to a Deloitte report commissioned in the wake of a massive data breach, arguing she came to an “illogical” conclusion. 

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.

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

The Australasian Centre for Corporate Responsibility has appealed the dismissal of its greenwashing case alleging Santos misled investors by falsely representing that it had a plausible path to net zero by 2040.