News from down under...

We have received a note from David Simons of SR Law in Australia. David represents Claimants in the rapidly evolving Australian credit hire market.


I usually report on landmark decisions in Australia in case the approaches or tactics employed by Defendant firms in Australia find traction in the UK.


David wrote to me over the weekend and told me that, on Friday, the insurers got special leave to appeal the Lee v Strelnicks matter to the High Court. That judgement is available here:


https://www.dropbox.com/s/nwrhqbllxantso8/Lee%20v%20Strelnicks%20%5B2020%5D%20NSWCA%20115.pdf?dl=0


Apparently, It is very hard to get special leave and, typically, less than 10% of petitioners get it. It may be relevant because there is a new judge on the Australian High Court who is considered a doyen of damages meaning that the appeal should end up a seminal judgment, a big deal because their decision will be binding in the whole country and not just in a specific state.


For those interested in the arguments and the reason that leave was given, a copy of the transcript is available here:


https://www.dropbox.com/s/8yqsrjwvg12ig1x/Arsalan%20v%20Rixon%3B%20Nguyen%20v%20Cassim%20%5B2021%5D%20HCATrans%2043%20%2812%20March%202021%29.pdf?dl=0

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