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Transport for NSW loses appeal over land acquisition near Sydney airport
Appeals 2024-12-09 11:20 pm By Cat Fredenburgh

An appeals court has found Transport for NSW was not empowered to compulsorily acquire land for the ‘public purpose’ of the Western Sydney Airport. 

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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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High Court won’t weigh in on spat between Probuild, Allianz over development bonds
Construction 2023-11-20 11:52 pm By Christine Caulfield

Probuild Constructions has failed in its special leave application to the High Court, which sought to challenge a ruling that it held $7.7 million in trust for insurer Allianz under a deed of indemnity in connection with the development of West Side Place in Spencer St, Melbourne.

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Court can order solicitor to return fees for ‘exorbitant overcharging’
Legal Ethics 2023-10-13 4:18 pm By Cindy Cameronne

A court made valid orders for a Queensland solicitor to pay back $251,255 to the relative of a former client, an appeals court has found, saying that “exorbitant charging debases the reputation of the legal profession”.

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Law firm accused of ‘woefully prepared’ case dodges bid for personal costs
Business of Law 2023-08-30 10:51 pm By Sam Matthews

A disgruntled client who accused a Sydney-based law firm of running a “woefully prepared” case has lost his appeal of a judge’s rejection of his bid for a $225,000 personal costs order against the firm.

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Pitcher Partners loses second bid to toss $127M Twigg family lawsuit
Professional Negligence 2023-08-23 3:40 pm By Cindy Cameronne

Pitcher Partners has lost its appeal of a decision that refused to stay a lawsuit over the accounting firm’s alleged involvement in race car driver Max Twigg’s misappropriation of $127 million from his family. 

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Judge blasts Pitcher Partners’ ‘terrible’ argument in $127M appeal against Twigg family
Appeals 2023-07-25 11:26 pm By Cindy Cameronne

An appeals court has taken Pitcher Partners to task in its appeal seeking to throw out a lawsuit over the accounting firm’s alleged involvement in race car driver Max Twigg’s misappropriation of $127 million from his family. 

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High Court challenge could clarify scope of reliance damages
Contracts 2023-05-11 5:30 pm By Sam Matthews

A city council in the Hunter Valley region is set to appeal to the High Court a decision that found it was liable to pay a flight company over $3.6 million in damages for wasted expenditure after it repudiated a contract to lease land at the local airport.

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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

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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Sparke Helmore should face higher damages bill for negligence, developer says
Professional Negligence 2022-05-06 4:51 pm By Cat Fredenburgh

A NSW developer says law firm Sparke Helmore should face a heftier damages bill for its negligence in failing to alert it to an imminent deadline in two land sale contracts worth a combined $1.5 million that were part of a troubled $30 million development.

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