The NSW Supreme Court would have the power to deal with a contingency fee order made in a class action against KPMG if the accounting firm won its application to move the case from Victoria, making the existence of the order a neutral factor in the transfer bid, the federal Attorney-General has told the High Court.
Unanimously dismissing an appeal by thoroughbred breeding and horseracing giant Godolphin, the High Court has ruled on the proper construction of a tax exemption for rural land in NSW.
Supporting KPMG’s bid to move a class action over the collapse of Arrium from Melboure to Sydney, former directors of the failed steel company have told the High Court the Victoria Supreme Court was impermissibly preferring the policy of its state in finding a contingency fee order made in the case could be factored into a transfer application.
The Commonwealth can be held criminally responsible for damage to First Nations sacred sites in the Northern Territory, the High Court has unanimously found in a case over construction damage to Gunlom Falls in Kakadu National Park.
The High Court has held that a contractor had a “prima facie entitlement” to recoup the costs of building an aircraft hangar in Cessnock, NSW, which it spent in reliance on the local government performing its obligations under their contract, in a case that clarifies how courts should assess reliance damages claims.
The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.
The Full High Court will sit for the hearing of KPMG’s battle to transfer a Victoria class action to Sydney, as the applicant in the case raises a question as to the constitutional validity of the firm’s argument that the NSW Supreme Court is bound to keep a group costs order operative.
The High Court has handed a win to a class action on behalf of Queensland ratepayers who were wrongly charged levies over a period of six years, rejecting the local council’s argument that the levies were put to good use.
KPMG has won its application for the High Court to weigh in on the relevance of a contingency fee order in determining a bid to transfer a shareholder class action from Victoria to NSW.
A judge hearing an appeal by a funder over its cut of a $98 million settlement in franchisee class actions against 7-Eleven has said the $12 million commission was “plainly too little”, and questioned if the class action judge had been “stuck” on the idea that common fund orders are bad.