Nuala Simpson

The High Court has been asked to revive a class action over Sydney’s light rail construction and weigh in on whether litigation funders can claim their commissions as damages.

An appeals court has dismissed a class action on behalf of small businesses over alleged nuisance caused by the construction of Sydney’s $3 billion light rail network. 

A judge has ordered Transport for NSW to only pay 65 per cent of the costs of a class action over Sydney’s $3 billion light rail construction, finding it was not inappropriate to apportion costs even though the plaintiffs were largely successful.

Small businesses that allegedly suffered losses from interference caused by the construction of Sydney’s $3 billion light rail will have to wait before receiving any damages while Transport for NSW appeals its loss in a class action over the project’s construction.

A judge has declined a novel bid by the lead applicant in a class action over disruptions stemming from the construction of Sydney’s $3 billion light rail to claim a funder’s 40 per cent commission as damages, rather than as a deduction from group members’ payout.

A law firm that was replaced after feuding with its funder in a successful class action over Sydney’s light rail construction has lost a bid to keep $1.25 million in security for costs, after claiming it has a right to the money due to unpaid fees.

The law firm on record for a class action over the Sydney Light Rail has been dropped by the lead plaintiffs and replaced by class action boutique Banton Group after the firms’ relationship broke down while running the case together. 

Two law firms that have been jointly running a class action against the NSW government over light rail construction in Sydney are now competing to run the case solo, after their relationship broke down and the funder lost confidence in one of the firms, a court has heard.

A judge has found the state of NSW liable to compensate the lead plaintiffs in a class action brought on behalf of small businesses over the “substantial and unreasonable” interference caused by the construction of Sydney’s $3 billion light rail network, but he flagged “significant problems” in applying his findings to thousands of potential group members.

An appeals court has shot down funder Augusta’s challenge to a decision that cut its commission in the Opal Tower class action, putting funders on notice that they will have to marshal compelling evidence to win approval for their returns from an increasingly watchful court.