David & Goliath
We Take on the Big Boys!
RMB Lawyers has the skills, infrastructure and backbone to take on cases other law firms won’t touch.
Below are some “David & Goliath” cases that RMB Lawyers has sucessfully won.
In 2007 a 12 year old boy was injured when an acquaintance in his street allowed him (and older kids who encouraged him) to hang onto the back of his car and be towed along on his skateboard. He fell off and sustained a severe brain injury. The insurance tried to argument that it was his fault and only made him a relatively small offer of compensation. RMB Lawyers conducted his case which ran in the District Court for 9 days. The court ultimately awarded the young man a considerable sum of money and also ordered the insurer to pay his legal costs.
During a particularly dangerous bushfire season our client, who we will call “James”, found himself trapped on his large semi-rural property as a bush fire bore down on him. With no time to flee and a strong Aussie desire to save his home, James did the only thing he could, he lit a controlled back burn and saved his property.
With the lines of communication affected, local authorities misreported that James had lost control of his back burn. A national newspaper picked up the story and arranged for someone to visit James at his property. Rather than ask James for his side of the story, they took a photograph of him and ran the incorrect story in their national newspaper. Refusing to admit their error, the paper fought James all the way to the high court. RMB lawyers were by his side as the Supreme Court, the Court of Appeal and ultimately the High Court agreed that the paper were wrong to defame him.
As a result of the onset of the global financial crisis many investors found themselves in situations where the value of their investments was distinguished as a result of collapsed investments. Many of these investors were victims of negligent financial advice that had bee provided by their financial planners to invest in certain schemes that were not suitable for them. RMB Lawyers has successfully acted for investors in the Supreme Court of NSW in recovering money that was invested and continue to act for several other investors who have also suffered loss.
A local developer negotiated with a large retail chain to construct and lease back commercial premises in Nowra, NSW. Commercial lease documentation was settled but not executed and work on the construction of the premises commenced. When the retail chain goes “slow” and ultimately refused to enter into the lease. Having committed funds to the project without an anchor tenant our client was in potential financial difficultly.
Based on thorough understanding of legal principles, our client had an effective strategy to meet the challenge of successive appeals through the legal system. The resultant High Court decision on out client’s favour has become a landmark case in the application of the law of promissory estoppel. More importantly, our client recovered not just damages and interest but also significant costs associated with the various appeals.
Our firm was involved in the first case in Australia where a financial planner was sued for negligence. In relation to negligent advice and misleading and deceptive conduct. The claim was unique on the basis that an elderly person and a self managed super fund had been provided with advice by a financial planner, and the proceedings not only involved the financial planner but also various companies that the financial planner represented as their authorised agent. The matter proceeded to hearing and ultimately the result was a successful one. The case resulted in substantial damages being paid, with the national media reporting the case on the basis that it highlighted many of the problems in the financial planning industry.
Our firm acted for a sick and dying man who had been advised by a financial planner to switch his life insurance. It was ultimately held by the court that the advice was negligent in our client's circumstances. Our client died after the initial proceedings were concluded, when the matter went to the Court of Appeal and we were successful This case involved a detailed analysis of the obligations of the financial planner and took into account the particular characteristics of our client It was a difficult and traumatic case, given the cancer that out client was suffering from. The matter received national media news, with a television interview being conducted on Four Covers (ABC). RMB are particularly pleased to have been associated with such a case, and to have achieved the result which our client's family and our client deserved.
Our firm has recently acted in a case where out client was diagnosed with cancer, and the life insurance company would not pay out on his claim. Out client had only a few weeks to live, and in that time we managed to issue urgent proceedings and conduct a number of procedural stages. We are very pleased to confirm the matter settled to ensure that out client received a substantial amount of money, in order that he could enjoy tat money with his family. Our firm is most pleased to have assisted our client and his family in the very testing and difficult circumstances, The case involved a detailed analysis of the obligations of our client with regards to disclosing and relevant medical history.
Our firm has acted for a number of clients involved in the ICAC investigations. We acted for clients involved in a significant investigation into a local council's operations, assisting two clients who were unaware of their rights and were facing significant accusations. This work involved having to advise clients in difficult circumstances, when a lot of the evidence was unknown to us until it was presented before the Commission. We assisted our clients to the resolution of the matter, to ensure that their rights were protected as best as possible.
Contact us today if you have a potential case that you would like to discuss.