Appeals

Pembroke Resources has lost its appeal bid over the meaning of “restricted land” after the private equity-backed miner argued a court’s ruling could impinge on plans for a $1 billion steel-making coal mine in Queensland.

ASIC has succeeded in overturning a decision that found that Qoin issuer BPS Financial came within the authorised representative exemption with respect to agreements with Australian financial services licence holder PNI.

The liquidators of a company created to invest in a $2.2 million Adelaide property have asked the High Court to reinstate a judgment that found a mortgage that sent the company into liquidation was an unreasonable director-related transaction and could be voided. 

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. 

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. 

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.

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. 

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.