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NSW Court of Appeal overturns Supreme Court decision on Sydney Light Rail construction nuisance case

Colleen Palmkvist and Candice Day of Lander & Rogers share that the NSW Court of Appeal has upheld a decision finding that a commission charged by a litigation funder was not recoverable as damages, with the Court of Appeal unanimously holding that entry into funding agreements was a voluntary act by some group members who had "chosen to bargain away the risk of being exposed to an adverse costs order and a liability to pay security for costs".