Appeals

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

A former law firm partner has lost his scrap with the Australian Taxation Office over exit payments he received on retirement, with a court ruling his $180,000 payout could not be offset against repayments made to the partnership’s capital account. 

BHP in-house labour hire provider Operations Services has filed for special leave to appeal to the High Court a finding that it unlawfully required its coal miners to work on Christmas Day and Boxing Day.

Former SAS corporal Ben Roberts-Smith has filed an appeal after he lost his defamation case against Nine-owned Fairfax in a ruling that found he committed murder in Afghanistan and was not a reliable witness. 

Hancock Prospecting can’t challenge an order that documents produced in arbitration are fair game, as the mining company’s chief, Gina Rinehart, battles her children in a trial over ownership of a valuable tenement set to start Monday.

Chinese radio manufacturer Hytera has launched an appeal of a ruling that it misappropriated the source code of US mobile phone giant Motorola in a case of “substantial industrial theft”.

An appeal by Atanaskovic Hartnell over a $330,000 damages judgment in favor of a former general manager is motivated in part by the court’s award of costs in what is a typical ‘no-cost’ employment case, the firm has told a judge, who questioned how much money had been spent on the case already.

The government of Peru has appealed a ruling that rejected its bid to trade mark the alcoholic spirit pisco, after an IP Australia delegate found Aussie consumers think of more than Peruvian pisco when they see the name.

An appeals court has held that a Sydney solicitor can’t be sued for negligence for a failure to include a breach of contract claim in a building dispute, saying the lawyer was protected by advocate’s immunity because his decision was “intimately connected” with the litigation.

In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.