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An independent costs consultant retained to assess the legal fees sought to be recouped from a settlement in a class action over the collapse of Banksia Securities has denied he was the “dogsbody” of funder Mark Elliott during a fiery cross examination at trial over the costs of the litigation.
A week after silk Norman O’Bryan dropped his defence against allegations of misconduct in the running of a class action over the failure of Banksia Securities, his junior counsel, Michael Symons, has also conceded defeat, telling a court he too should be struck off the practitioners’ roll.
A judge has criticised a revised opt out notice in a class action against Suncorp over allegedly conflicted remuneration and again slammed the funder backing the case for sending a "disturbing" letter to group members contrived to achieve a commercial advantage.
Barrister Norman O'Bryan has accepted that he should be struck from the roll of legal practitioners after dropping his defence mid-trial against claims of professional misconduct as senior counsel for a class action financed by the late Mark Elliott, but the consequences for the once high-flying silk might not end there.
The High Court has awarded $27 million in unpaid commissions to a Nigerian entrepreneur tricked into terminating his contract with international bank note manufacturer Securency, reversing a Full Court judgment which slashed his award.
Receivers appointed in the wake of the collapse of Banksia Securities may seek costs orders against the estate of deceased funder and class action lawyer Mark Elliott, a court has heard. Meanwhile, the Victorian Bar says it has “every confidence in the judicial process” after senior counsel Norman O’Bryan yesterday abandoned his defence of misconduct allegations stemming from the case.
Barrister Norman O'Bryan SC has abandoned his defence of misconduct allegations stemming from the Banksia Securities class action and expressed contrition to the court for his actions.
The judge overseeing a trial over legal fees and funding commission in the Banksia Securities class action has questioned whether the lawyers behind the case should remain on the roll of practitioners if allegations of misconduct aired in the hearing so far -- which include billing for phantom costs -- are made out.
Liquidators for collapsed steel and mining giant Arrium have successfully appealed a court ruling permitting the examination of a former director for a possible shareholder class action, with the Court of Appeal for the NSW Supreme Court finding the "private nature" of the claims was an abuse of process.
The law firm behind a long-running class action against Pitcher Partners over its auditing of Slater and Gordon is seeking court approval to drop the case, leaving the funder that bankrolled the proceeding to defend an application for indemnity costs.