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Case [2024] HCAB 6 6 September 2024

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Unconscionable Conduct

Civil Litigation & Procedure

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High Court Bulletin

[2024] HCAB 6 (6 September 2024)

A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court’s original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated

1: Summary of New Entries
2: Cases Handed Down
3: Cases Reserved
4: Original Jurisdiction
5: Section 40 Removal
6: Special Leave Granted
7: Cases Not Proceeding or Vacated
8: Special Leave Refused

1: Summary of New Entries

2: Cases Handed Down

Case	Title
CBI Constructions Pty Ltd v Chevron Australia	Arbitration
Tesseract International Pty Ltd v Pascale Construction Pty Ltd	Arbitration
Cook (a pseudonym) v The King	Criminal Law
BQ v The King	Evidence
Steven Moore (a pseudonym) v The King	Evidence
Mallonland Pty Ltd v Advanta Seeds Pty Ltd	Negligence
Productivity Partners Pty Ltd v Australian Competition and Consumer Commission; Wills v Australian Competition and Consumer Commission	Trade Practices

3: Cases Reserved

Case	Title
Commonwealth of Australia v Mr Stradford (a pseudonym) & Ors; His Honour Judge Salvatore Paul Vasta v Mr Stradford (a pseudonym) & Ors	Constitutional Law
Commonwealth of Australia v Yunupingu (on behalf of the Gumatj Clan or Estate Group) & Ors	Constitutional Law
YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor	Constitutional Law
Minister for Immigration, Citizenship and Multicultural Affairs & Ors	Immigration
State of Queensland v Mr Stradford (a pseudonym) & Ors	Torts

4: Original Jurisdiction

Case	Title
MJZP v DG Security	Constitutional Law

5: Section 40 Removal

Case	Title
Attorney-General for the State of Queensland v G Global 120E T2 Pty Ltd as trustee for the G Global 120E AUT & Anor Attorney-General for the State of Queensland v G Global 180Q Pty Ltd as trustee for the G Global 180Q AUT & Anor Attorney-General for the State of Queensland v G Global 180Q Pty Ltd as trustee for the G Global 180Q AUT & Anor	Constitutional Law
CZA19 v Commonwealth of Australia & Anor	Constitutional Law
DBD24 v Minister for Immigration, Citizenship & Multicultural Affairs & Anor	Constitutional Law

6: Special Leave Granted

Case	Title
Lendlease Corporation Limited ACN 000 226 228 & Anor v David William Pallas and Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund & Anor	Civil Procedure
Australian Competition and Consumer Commission v J Hutchison Pty Ltd (ACN 009 778 330) & Anor Australian Competition and Consumer Commission v Construction, Forestry and Maritime Employees Union & Anor	Competition Law
FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs	Immigration

7: Cases Not Proceeding or Vacated

Garland v Minister for Immigration, Citizenship and Multicultural Affairs & Anor

Immigration

8: Special Leave Refused

2: Cases Handed Down

The following cases were handed down by the High Court of Australia during the August 2024 sittings.

Arbitration

CBI Constructions Pty Ltd v Chevron Australia
[2024] HCA 28

Judgment delivered: 14 August 2024

Coram: Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ

Catchwords:

Arbitration – Award – Application to set…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: High Court Bulletin [2024] HCAB 6
Case: [2024] HCAB 6
Decision Date

CaseChat Overview and Summary

The High Court of Australia recently handed down several significant decisions in various areas of law. In the case of Cook v The King, the High Court allowed an appeal in part, finding that the trial judge erred in excluding evidence that the complainant had been previously sexually assaulted by another person. This decision highlights the importance of considering the context and relevance of evidence in sexual offence cases. In another case, Mallonland Pty Ltd v Advanta Seeds Pty Ltd, the High Court dismissed an appeal, holding that a seed producer did not owe a duty of care to grain sorghum growers to avoid pure economic loss caused by hidden defects in the seed. This case underscores the limitations of liability for economic loss in negligence claims. In the area of trade practices, the High Court dismissed appeals in Productivity Partners Pty Ltd v Australian Competition and Consumer Commission; Wills v Australian Competition and Consumer Commission, finding that the vocational education college engaged in unconscionable conduct by altering the enrolment process to remove safeguards against unwitting or unsuitable enrolments. This decision reinforces the importance of consumer protection and fair dealing in the education sector. Additionally, the High Court granted special leave to appeal in Lendlease Corporation Limited ACN 000 226 228 & Anor v David William Pallas and Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund & Anor, which involves issues of notice to group members in shareholder class actions. This case highlights the ongoing debate about the appropriate role of courts in approving settlements in representative proceedings. Finally, the High Court removed cases from the Full Court of the Federal Court of Australia involving constitutional challenges to the validity of state taxation laws and the constitutionally permissible duration of immigration detention. These cases demonstrate the High Court's role in resolving significant constitutional disputes.

Orders