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A former solicitor from Sydney-based law firm McCabe Curwood has expanded his negligence and breach of contract case against his former employer and is now seeking over $108,000 in damages.
A former solicitor with McCabe Curwood has lost his attempt to overturn an order that he pay $36,000 in costs to his former employer, after an appeals court found that his challenge was "incompetent".
At caretaker at a Sydney private school has been awarded $3.1 million in damages after he was seriously injured in a workplace gas explosion, with five defendants including building contractors, certifiers and gas suppliers all found to be equally liable.
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.