Murphy Operator v Gladstone Ports Corporation (No 4) [2019] QSC 228
13-9-19 / Michael May — Class Actions
This case confirms the enforceability of commercial litigation funding agreements in class actions conducted under Part 13A of the Civil Proceedings Act 2011 (Qld). The case concerned a class action commenced by a number of commercial fishing businesses who claim to have suffered loss as a result of pollution caused…
10-9-19 / Rachel De Luchi — Building & Construction
A challenge to the decision of the adjudicator on the basis of jurisdictional error in finding that the applicant had failed to provide a payment schedule, and whether there was jurisdictional error because the first respondent served two payment claims in relation to the same reference date. Rachel de Luchi…
The Plaintiff claimed damages from the Defendants for the alleged breach of a warranty in a written share sale agreement (SSA). On 1 July 2011, a new company Impirical Pty Ltd (“the Company”) was incorporated with the Plaintiff and Defendants as directors and shareholders. On 14 May 2015, the Plaintiff…
4-9-19 / Shane Doyle QC — Appellate, Land Law & Property
The case of Brisbane City Council v Amos [2019] HCA 27 concerned an appeal to the High Court against a decision of the Court of Appeal in respect of proceedings commenced by the Brisbane City Council (Council) for the recovery of unpaid rates levied upon the Respondent's land over many…
CRCG-Rimfire Pty Ltd (subject to deed of company arrangement) [2019] FCA 1426
30-8-19 / Stewart Webster — Corporate Insolvency & Bankruptcy, Corporations
This case concerned an application to terminate or set aside a Deed of Company Arrangement (DOCA) under s.445D of the Corporations Act 2001 (Cth), or ss.75-41 and 75-42 of the Insolvency Practice Schedule. A joint venture company was incorporated for the purpose of engaging in residential, commercial and infrastructure construction…
