A lawyer’s role in litigation is not to draw conclusions on the existence of facts or the outcome of a case, an appeals court has ruled in throwing out a personal costs order against a solicitor for filing a defence in a case his client ultimately lost.
The builder of an allegedly defective Haymarket apartment building has lost an appeal of a decision which found that separate breaches of statutory building warranties do not create individual causes of action.
An appeals court has found that two former executives of collapsed electronics retailer Dick Smith should pay the company’s receivers $11.8 million in damages for approving a dividend payment the company could not afford.
Former Channel 7 rugby league journalist Josh Massoud has lost an appeal of a decision clearing multiple media outlets of defamation over reports alleging he threatened to kill and defile the corpse of a young reporter.
A judge has slammed a “grossly inflated” estimate of legal costs relied on during a security for costs bid by non-bank lender Aquamore Finance in an appeal over a commercial loan accruing compound interest of 79 per cent per year.
An appeals court has ruled that a judge was not justified in slapping two lawyers with personal costs, finding she should not have considered alleged poor conduct such as one of the lawyers eating a muffin while appearing during a remote hearing.
A court has handed CBRE indemnity costs for successfully defending a negligent land valuation lawsuit by defunct fund manager City Pacific after it had offered $600,000 to settle the case.
The former CEO of failed electronics retailer Dick Smith should be held responsible for approving two dividend payments worth $28.5 million which the company could not afford to pay given it owed millions in unpaid bank loans and supplier debts, an appeals court has heard.
A law firm that recouped two-thirds of a personal injury payout in excess of the statutory cap through a “potentially misleading” costs agreement will pay back a former client $26,200 plus interest.
Real estate giant CBRE Group has won its appeal in a dispute with defunct fund manager City Pacific, which claimed the company negligently valued a Queensland marina at $27.3 million in 2006 and caused millions in losses.