Appeals

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 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”. 

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.

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.

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.

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.

Buy now, pay later giant Zip will ask the High Court to throw out a ruling that found it infringed mortgage provider Firstmac's 'Zip' trade mark and barred it from using the name in Australia.

A judge has recused herself from hearing a case in light of her associate’s “quasi familial relationship” with a lawyer caught up in the long-running dispute.

A Dexus property fund has argued that a judge went the “wrong way” in deciding that it was forced to sell its 50 per cent stake in Sydney’s largest suburban shopping centre to Macquarie Retail. 

A Federal Court judge might be called as a witness in accused war criminal Ben Roberts-Smith's bid for a retrial in his failed defamation case against Nine.