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No appeal lodged after JLT councils scheme class action victory

JLT’s victory in a NSW Supreme Court class action brought by a group of local governments will not be appealed by the councils, with the deadline for lodging documents ending last week.

Lawyers for the councils had filed a notice of intention to appeal earlier this year, providing more time to consider the lengthy judgment.

Justice Kate Williams found in December that JLT was fulfilling its role in line with a Deed for the Statewide mutual scheme, and there had not been a breach of duties to Richmond Valley Council.

The court on Friday ordered the losing side to pay JLT’s costs “on the ordinary basis”, while ruling against an application for indemnity costs, which are paid to a higher level and can be awarded where a “hopeless” case is pursued.

Justice Williams said on Friday that “whilst the plaintiff’s contentions were weak” she didn’t consider they fell short of being reasonably arguable.

“If the plaintiff’s submissions about the interpretation and application of the relevant principles had been accepted, then its claim for damages or equitable compensation for lost opportunities would still have been weak, having regard to the nature of the evidence that it adduced in support of the claim, but it would not have been hopeless, in my opinion.”