The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.
The High Court has dismissed an appeal of a decision which found Indonesia’s national airline could avail itself of foreign state immunity to defeat a winding up application.
The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia’s consumer laws.
The High Court has found Victorian real estate agency Biggin & Scott did not authorise through “indifference” the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.
The High Court has found a Whitsundays resort is not vicariously liable for the actions of an employee who urinated on his roommate in staff accommodation after a night of drinking, finding the act had “no real connection” to his employment.
The High Court has ruled that the buyer of a well-known Sydney hotel was not entitled to repudiate the purchase agreement because of the hotel’s compliance with restrictions on public gatherings during the COVID-19 pandemic, which affected the operation of the business.
The High Court has agreed to hear prosecutors’ appeal of a “manifestly inadequate” $1.35 million penalty against an engineering firm for bribing foreign officials in Vietnam to secure $10 million in infrastructure contracts.
Google has won its appeal of a judgment awarded to gangland lawyer George Defteros that found the tech giant liable for linking to an allegedly defamatory article, with the High Court finding Google was not the publisher of the story.
The High Court has reinstated a $435,000 judgment awarded to a former lawyer who suffered post-traumatic stress disorder while working for the Special Sexual Offences unit in Victoria’s Office of Public Prosecutions.
The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.