Appeals

Developer Thousand Hills Property has won an appeal in its fight with LBA Capital over a scuttled property deal for NDIS housing, with an appeals court accepting that LBA repudiated the deal in an email sent by its former director.

Challenging an $8.5 million adjudication on a payment claim that sought over $30 million from developer VSD Investments, construction company Builtcom says it is effectively "disabled" from recovery of progress payments.

Mining company Tesa Group wants the Full Federal Court to settle a conflict in judicial opinions on whether remarks made in parliament can factor into recusal applications. 

ASIC has asked the High Court to overturn a judgment in favour of cryptocurrency firm Block Earner, saying the decision would allow future products to escape regulation.

In tossing his challenge to a finding that he committed war crimes in Afghanistan, an appeals court rejected Ben Roberts-Smith’s criticisms of the trial judge, finding the judge gave sufficient weight to the presumption of innocence. 

In explaining where CBA shareholders went wrong in proving damages from the bank's omissions over an AUSTRAC probe, the Full Federal Court has given class action plaintiffs the clearest indication yet of how they might win.

A court has rejected Ben Roberts-Smith’s appeal of a decision that found he committed war crimes in Afghanistan, as well as the disgraced soldier’s bid to re-open the case in light of a secret recording of Nine journalist Nick McKenzie. 

A secret recording of Nine journalist Nick McKenzie speaking to a witness in the case may have been “doctored” and had to be “treated with caution,” the Full Court said Friday.

The New South Wales Supreme Court of Appeal has clarified that payment claims and adjudication notices sent via email can constitute service and trigger relevant limitation periods under the Security of Payment Act. 

Air Canada did not waive a defence allowing it to cap damages at $240,000 in a claim by several passengers over alleged spinal and psychological injuries caused by turbulence on a 2019 flight, the High Court has ruled.