An appeals court has ordered a retrial in a franchisee’s suit against home building franchise operator GJ Gardner Homes over the failure to renew its agreement, finding a judge erred in interpreting a key clause in the contract.
A Sydney lawyer who sent profanity-laden emails to a Mills Oakley partner during a dispute with the Salvation Army and his mother-in-law over payment of a refundable deposit has been struck off the roll.
Logistics company Qube can’t dodge a $71 million payment to subcontractor Martinus Rail, with an appeals court finding no error in an adjudicator’s finding that Qube’s payment schedule was “incomprehensible”.
The NSW government can’t appeal a decision that denied its bid to subpoena the names of 2,316 registered group members in a class action over allegedly unlawful strip searches at music festivals.
Insurers have won a challenge to a declaration that engineering firm CIMIC could make claims under policies for costs arising from corruption cases, including a $32 million class action settlement.
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.
Subcontractor EnerMech has won an appeal in its fight against Acciona over a $10 million progress payment for work on the Westconnex M4-M5 link, with an appeals court finding the question of whether EnerMech’s claim was a payment claim for construction work was a matter for an adjudicator, not the court.
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 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”.
A barrister is taking a dispute over his $320,000 bill to the High Court, but a judge has cast doubt on the appeal’s prospects of success.