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Landowners lose appeal over $56.5M payout for Westconnex project
A group of Sydney commercial landlords whose properties were compulsorily acquired for the WestConnex project have lost an appeal seeking $56.5 million in compensation, after the Valuer-General offered them just over half that amount.
Businessman Charif Kazal gets last chance to fix ‘incomprehensible’ case against Gilbert + Tobin
A judge has given Sydney businessman Charif Kazal a third and final opportunity to replead his “simply incomprehensible” case against Gilbert + Tobin over the law firm's involvement in a business dispute concerning a lucrative waste facility, despite saying it took “an entire week to understand the arcane obscurities” of the pleading.
Lloyd’s loses bid for quick dismissal of NAB’s $655M insurance lawsuit
Three syndicates of Lloyd's London have failed in their bid to toss a case brought by National Australia Bank seeking £357 million ($655 million) in insurance claims relating to two consumer redress schemes in the UK.
Aurizon files lawsuit over sale of Genesee & Wyoming’s Australian assets
Australian rail freight operator Aurizon has launched a lawsuit against US-based shortline railroad firm Genesee & Wyoming seeking damages over the impending sale of its Australian assets.
Judge gives ACCC go-ahead to continue case against insolvent Jump
The Australian Competition and Consumer Commission has won its bid to continue proceedings against the insolvent operator of the Jump! swim school franchise and its director, with a court finding the case was in the public interest.
Top-tier firm must pay $500K to billionaire for negligence over ‘critical omission’
A top-tier Australian law firm has been ordered to pay more than half a million dollars in damages for professional negligence, after its billionaire client alleged losses of almost $US37 million following a “critical omission” in legal advice.
Israel Folau claims termination of rugby contract was restraint of trade
Former Wallabies player Israel Folau has argued that the termination of his $5.7 million contract by a Rugby Australia Tribunal over social media posts in which he made a homphobic slur was an unreasonable restraint of trade.
Villa owners lose transfer bid in case against Clive Palmer’s Coolum Resort
The Queensland Supreme Court judge has refused to transfer proceedings by villa owners against Clive Palmer's abandoned Sunshine Coast resort to the Federal Court, but has also rejected a separate bid by Palmer to shut down the case, which has been dormant for six years.
You can’t have your contract and eat it: electing not to terminate
A party to a contract may be precluded from enforcing a contractual right if it has acted in a way that is clearly inconsistent with that right under the doctrine of election. Recently, the NSW Court of Appeal applied the principles of election to a complex factual scenario and the lesson from the decision is this -- if you have a right to terminate a contract, you should expressly communicate your intentions to the other party as soon as possible after the right to terminate enlivens, says McCabe Curwood managing principal Andrew Lacey.
Crown settles Sydney Harbour views dispute with NSW
Crown Resorts and Lendlease have settled a dispute with the NSW government over access to unblocked harbour views from the $2.2 billion Crown Sydney Hotel Resort currently being constructed in the city's Barangaroo area.