Appeals

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.

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. 

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.

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. 

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.

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.

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.

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".

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.

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.