Justice David Hammerschlag of the NSW Supreme Court has a way with words that readily lends itself to dramatic courtroom headlines. The “Hammer,” as he is known, also pulls no punches and is quick with one liners that keep counsel on their toes. Here, Lawyerly looks at some of the recent best moments inside courtroom 7D.
High-end jewellery retailer Tiffany & Co has won its bid to block Sydney Metro from accessing privileged documents in a dispute over the compulsory acquisition of its store in Sydney’s Martin Place for the $2.7 billion Sydney Metro rail project.
Two petitioners challenging the election of Treasurer Josh Frydenberg and embattled Liberal MP Gladys Liu have subpoenaed the Australian Broadcasting Corporation and Sky News for interview footage in front of the Chinese language posters at the heart of the dispute.
Ernst & Young, which is facing a lawsuit brought by the receiver of a fund overseen by failed financial services firm LM Investment Management, has lost its bid to file a claim for damages against LMIM, with a judge saying the auditor’s case was “flawed” and “counterintuitive”.
A judge has approved $725,000 in fees for Maddens Lawyers in signing off on a $1.2 million settlement in a class action over a 2017 fire at the Coolaroo recycling plant fire in Victoria, saying if the matter went to trial the firm’s bill would “far exceed” the value of the case.
A court has thrown out a breach of contract claim brought by two subsidiaries of property developer Minster Group against National Australia Bank, but found the bank must face a $1.2 million unconscionability claim over allegedly excessive fees.
The NSW government’s Sydney Olympic Park Authority, which is facing a class action brought by owners of apartments at the troubled Opal Tower, has laid the blame on the developer, designer and builder behind the project.
IOOF subsidiary Australian Executor Trustees has been hit with an $80.6 million judgment after breaching its duty as trustee in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group, and it can’t pass the liability on to Spark Helmore, despite the law firm’s inadequate advice.
A judge has indicated he will approve a confidential settlement in a class action brought by a litigation guardian of young Indigenous Australian detainees against the Northern Territory Government alleging human rights abuses.
This month’s decision by the Queensland Supreme Court confirming the validity of the class action funding business model in jurisdictions whose legislatures have not abolished the tort of maintenance and champerty is a landmark one, writes Piper Alderman partners Greg Whyte and Lillian Rizio.