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Full Court finds ACCC misstepped by not bringing ‘major failures’ case against Mazda
ACCC 2023-03-23 3:18 pm By Cindy Cameronne Sydney

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Appeals 2023-03-22 2:11 pm By Cindy Cameronne Sydney

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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Richard Crookes to appeal landmark judgment on SOPA’s availability to insolvent companies
Appeals 2023-03-21 10:33 pm By Sam Matthews Melbourne

Construction company Richard Crookes plans to appeal a ruling which found the Security of Payment Act is available to insolvent builders to pursue debts under a deed of company arrangement, despite an amendment to the law preventing construction companies in liquidation from enforcing payment claims.

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High Court asked to revive pooling orders for businesses with common right to sue
Appeals 2023-03-20 4:58 pm By Cindy Cameronne Sydney

A liquidator for two related NSW printing companies has launched a High Court challenge to overturn a judgment finding a joint right to sue another business for $330,000 could not be combined in a pooling order. 

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High Court to hear Qld council’s appeal in class action by waterfront property owners
Appeals 2023-03-17 11:31 pm By Cat Fredenburgh

The High Court has granted special leave to a Queensland council to challenge a ruling ordering it to repay owners of waterfront properties tens of thousands of dollars spent on an invalid canal maintenance levy.

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High Court to hear class action waiver challenge in Ruby Princess case
Amy Reid 2023-03-17 4:31 pm By Christine Caulfield

The High Court has granted leave to the applicant in a class action against Carnival PLC to appeal a ruling that upheld a class action waiver in tickets bought by foreign passengers on the ill-fated Ruby Princess in 2020.

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High Court won’t weigh in on Clive Palmer’s royalties spat with Adani
Appeals 2023-03-16 10:34 pm By Sam Matthews Melbourne

The High Court has denied Clive Palmer leave to appeal successive court decisions which found his company Mineralogy’s royalties dispute with mining company Adani should be determined through a dispute resolution process rather than in court.

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Opal Tower class members could do ‘simple arithmetic’, funder says in appeal of cuts to commission
Appeals 2023-03-14 10:25 pm By Sam Matthews Melbourne

The funder in the Opal Tower class action has appealed a judge’s decision to slash its commission for not disclosing proposed deductions from the settlement sum as percentages, telling the Full Court that group members could do “simple arithmetic”.

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7-Eleven loses appeal of $595,000 judgment for misleading franchisee
7-Eleven 2023-03-10 2:48 pm By Cindy Cameronne Sydney

Convenience store giant 7-Eleven has lost its appeal of a $595,000 judgment handed down after a court found a franchisee signed a franchise agreement and invested almost $796,000 into a Melbourne store under false pretences.

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Ex-Nuix CEO appeals loss in $180M case over options agreement
Appeals 2023-03-08 3:07 pm By Cat Fredenburgh

Former Nuix CEO Edward Sheehy is challenging his loss in a lawsuit claiming he’s owed $183 million in options under a 2008 agreement with the technology company.

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