Justice Fabian Gleeson

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

An appeals court on Tuesday questioned claims that a tribunal’s decision had the appearance of bias when it found a Sydney barrister guilty of professional misconduct for bringing allegedly unfounded claims against a solicitor.

HWL Ebsworth has won indemnity costs against a former client who alleged the firm gave negligent advice over property in Parramatta’s ‘Auto Alley’, with a court saying the client was the “author of the outcome about which it complains” by rejecting a $1.35 million settlement offer.

An appeals court has found that a solicitor’s caveat over his bankrupt client’s property was valid, after the client agreed to mortgage his property as security for up to $100,000 in legal costs, saying it was the only binding costs agreement they had.

A Sydney lawyer has been struck from the roll of practitioners following her conviction for misappropriating more than $180,000 from the non-profit organisation she co-founded.

The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”. 

Law firm HWL Ebsworth has successfully appealed a decision finding that its negligent advice over property in Paramatta’s ‘Auto Alley’ cost a client $2 million, with an appeals court finding the commercial opportunity lost by the client had no value.

A class action against Volkswagen over allegedly deadly Takata airbags has failed a second time after an appeals court found “a merely speculative” risk of rupture was not enough to find the vehicles unacceptable.

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.

A private investment fund has won its claim as a secured creditor over $2 million in research and development tax refunds that a court previously found should go to employees in a fight over funds remaining following the collapse of fintech Spitfire Corporation.