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CBRE offered to pay $600,000 before winning $20M negligent valuation case
Professional Negligence 2022-06-10 1:28 pm By Cindy Cameronne

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.

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Ex-Dick Smith CEO should be liable for approving $28.5M in dividends, appeals court told
Restructuring & Insolvency 2022-05-30 9:30 pm By Cindy Cameronne

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. 

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Law firm’s cost dislosures inadequate to recoup two-thirds of judgment amount, court finds
Legal Ethics 2022-04-21 1:37 pm By Sam Matthews

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.

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CBRE wins appeal over allegedly negligent $27.3M valuation
Real Estate 2022-04-13 9:45 pm By Cindy Cameronne

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.

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Morrison cleared to call election after failure of challenge to Liberal pre-selections
Politics 2022-04-05 10:44 pm By Christine Caulfield

A court has dismissed a challenge by a Liberal Party member to a decision by prime minister Scott Morrison and two other members of the federal executive to endorse incumbents to contest seats in NSW at the upcoming election, a ruling that paves the way for the PM to name the date.

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Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
Class Actions 2022-03-29 11:01 pm By Sam Matthews

The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.

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Barrister who sexually harassed clerk has suffered enough, appeals court says
Business of Law 2021-12-22 2:39 pm By Bianca Hrovat

The New South Wales Bar Association has lost an appeal seeking a financial penalty and a professional reprimand against a Sydney barrister for his “poorly judged, vulgar and inappropriate” behaviour, with an appeals court finding damage to his reputation and a hike in his insurance premium dwarfed any punishment it could dole out.

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‘Not a shred of evidence’: Judge questions appeal in HWL Ebsworth negligence suit
Appeals 2021-11-25 9:31 pm By Cindy Cameronne

A judge has questioned property developer PPK Group’s challenge to the dismissal of its long-running negligence case against HWL Ebsworth over the $25.5 million sale of Crown-owned land in Sydney.

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Murray Darling Basin Authority fails again to limit class action liability
Appeals 2021-10-12 12:45 pm By Miklos Bolza

The Murray Darling Basin Authority can’t rely on defences claiming it is a “public or other authority” to limit the liability of a class action brought over alleged negligent water management, an appeals court has found.

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High Court asked to weigh in on Queensland floods class action
Class Actions 2021-10-07 11:25 pm By Cat Fredenburgh

The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in ‘mega’ litigation.

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