The Second Plaintiff, as purchaser, entered into a Share Sale Agreement with the Second Defendant, as vendor, of shares in a company purporting to own land on which a prawn farm was operated on. The Plaintiff claimed that the Defendants made false or misleading representations to the Plaintiff that induced…
Rozario & Anor v Delta Law Pty Ltd & Ors [2019] QSC 159
28-6-19 / Sean Russell, Christopher Johnstone — Corporations
The applicant was a director of the respondent company who was replaced at a meeting of members. The Court held that the notice of the meeting was insufficiently detailed, that the proxies which had been delivered did not comply with the requirements of the Corporations Act 2001 (Cth). The court…
The plaintiff in this matter, Aurizon Network Pty Ltd, is the lessee of the land for the rail corridor and operator of the network and associated rail infrastructure known as the Central Queensland Coal Network. The plaintiff entered into a contract with the defendants styled as the “Wiggins Island Rail…
Binaray Pty Ltd (ACN 119 724 211) as Trustee for the Allen Family Trust v RAMS Financial Group Pty Limited (ACN 105 207 538) [2019] QSC 165
27-6-19 / Nicholas Andreatidis QC — Banking, Contract
The proceedings were in the context of a franchise in the banking/lending industry. The question was whether or not, on the proper construction of the franchise agreement, RAMS was obliged to provide certain information to the franchisee. If that obligation existed, the question then became what, if any, loss of…
26-6-19 / Borcsa Vass — Contract, Land Law & Property
In this case, Borcsa Vass, instructed by Mills Oakley, acted for the defendant in successfully defending a claim for payment under a deed, security agreement and equitable mortgage. After a four-day trial in which Borcsa appeared unled, the plaintiff’s claim for over AUD 350,000 was dismissed. The judgment can be…
