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”.
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.
A group of surgeons who worked for The Cosmetic Institute have lost a second bid to declass a representative proceeding on behalf of 13,500 patients who claim they were injured by botched breast augmentation surgery.
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 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.