Category: Appeals

Supreme Court of South Australia .. Stay on execution of judgment granted pending judicial review ... District Court awarded spiritual educator $12,000 in damages against three Indigenous leaders ... Genuine issue of risk of dissipation ... Application for security for costs refused ... Editor Stephen Murray reports ... more

NSW Court of Appeal ... Former managing director fails in bid to appeal award of indemnity costs against him ... Sued company over statements to ASX ... Advised claim was statute barred and indemnity costs would be sought ... No error or question of principle identified ... Open to order indemnity costs against self-represented litigants ... Editor Stephen Murray reports ... more

The Court of Appeal (WA) ... WA appeals court rejects appeal over whether NSW concerns notice provisions are substantive or procedural law ... Primary judge ruled provisions were substantive law ... Appellant sought to rely on obiter in Peros ...  Court says need to look at provisions as coherent legislative scheme ... Editor Stephen Murray reports ... more

Full Court of Federal Court of Australia ... Al Jazeera International wins appeal over struck aspects of its justification defence to action brought by Cambodian businessman … Imputation concerning whether Australian police suspected Hun To of drug trafficking in reasonable grounds ... No error in determining material facts not capable of justifying imputation ... Error in not allowing public interest immunity claim to be determined ... Editor Stephen Murray reports ... more

Full Court of Federal Court of Australia .. Training organisation loses appeal over dismissal of defamation action against peak body ... Appealed on judge's failure to recuse himself for apprehended bias ... Objectives of case management ... Robust language ... Editor Stephen Murray reports ... more

Queensland Civil and Administrative Appeals Tribunal ... X Corp and Twitter Australia Holdings lose appeal over ruling by QCAT ... Religious vilification claim brought by Muslim advocacy network ... X Corp and Twitter submit errors in finding they were served and that QCAT had jurisdiction ... Constitutional issue swiftly dismissed ... Editor Stephen Murray reports ... more

Full Court of the Federal Court of Australia ... eSafety Commissioner loses appeal over whether request to X was a formal exercise of statutory power and reviewable ... Notice sent to X advising post may be in breach of terms of service ... No other power underpinned notice ... X understood it to be a formal request ... Editor Stephen Murray reports ... more

Federal Court of Australia ... IT security developers fail in bid to obtain leave to appeal decision preventing review of registrar's decision ... Sought to bring action against Twitter in respect of a matter that had been the subject of settlement agreement ... No evidence of error in primary judge's decision ... Editor Stephen Murray reports ... more