Appeals

More than just subjective intention is relevant to the defence of honest concurrent use in trade mark law, non-bank lender Firstmac has told the High Court in its dispute with buy now, pay later giant Zip Co.

An appeals court has handed BHP a win in a dispute with Aquila Steel over the boundary between their neighbouring mining tenements, rejecting Aquila’s “fanciful” argument about the construction of a 58-year-old document.

BHP has filed a High Court challenge to orders requiring it to pay labour hire workers at mines in central Queensland the same as its workers.

A creditor of developer The Gosford has filed an appeal in a dispute over a $185 million property in Sydney, after a judge found that $48 million owed by builder Shinetec to its parent company after the developer called on a letter of credit fell within the definition of ‘secured money’.

Block Earner has told the High Court that its Earner product was never meant to generate a financial return for users, as the court mulls whether to overturn a ruling that found the cryptocurrency firm did not need a financial services licence. 

The Full Federal Court has upheld a finding that the Royal Embassy of Saudi Arabia is not immune from unfair dismissal proceedings launched by over a dozen former workers.

Insurer Marsh has successfully appealed a finding that it breached its obligation not to use documents discovered in litigation over the $7 billion collapse of supply chain finance firm Greensill in separate proceedings.

Liquidators of a collapsed developer have filed a High Court challenge after losing a bid to revive a lawsuit against a financier over the Pentridge Village development in Melbourne. 

An appeals court has upheld a ruling that said "like diamonds, easements are forever", finding users of the Unley Shopping Centre do not have right of way over a council carpark and access point adjoining the Adelaide shopping centre.

Otsuka Pharmaceuticals has asked the High Court to overturn a decision revoking its Abilify patent extension, saying the ruling, which limited the extension-of term scheme to active substances only, will “lead to a groundswell of court proceedings”.