James Green acted for Telstra Corporation Limited (instructed by King & Wood Mallesons) in a successful strike out application. The judgment is published here.
A junior joint venture party to a coal mining joint venture sought declarations that certain cash call notices, issued by the senior joint venture party to fund the operation of the mine, were invalid and were therefore not required to be paid. An application for urgent final declaratory relief was…
Australian Securities and Investments Commission v Youi Pty Ltd [2020] FCA 1701
26-11-20 / Nola Pearce — Insurance
An application by the plaintiff, the Australian Securities and Investments Commission (ASIC), for declaratory relief in respect of alleged breaches by the defendant insurer of the duty of utmost good faith, in contravention of s 13 of the Insurance Contracts Act 1984 (Cth). Those allegations relate to the insurer’s handling of a particular claim under a home…
Mineralogy Pty Ltd & Anor v The State of Western Australia [2020] QSC 344
25-11-20 / Shane Doyle QC, Stewart Webster, James Green — Resources & Energy, Judicial Review & Administrative
The State of Western Australia successfully applied to set aside ex parte orders under the Commercial Arbitration Act 2013 (Qld) enforcing arbitral awards in favour of Mineralogy Pty Ltd (Mineralogy) and International Minerals Pty Ltd (IM). The Court held that the ex parte orders had been obtained irregularly and without…
Santos Limited v Fluor Australia Pty Ltd & Anor [2020] QCA 254
17-11-20 / Jason Mitchenson — Contract
This was an appeal of the primary judge’s decision to dismiss Santos Limited’s application for further disclosure. The decision considers whether the application for further disclosure constituted a fishing expedition and the correct approach to appeals concerning matters of practice and procedure. Jason Mitchenson appeared (led by Patrick O’Shea QC)…
