30-3-22 / Damian Clothier KC, Stewart Webster — Commercial Equity, Land Law & Property
This proceeding involved claims for constructive trusts by the daughter-in-law of a Greek immigrant couple, based on promises alleged to have been made over 30 years ago. The defendant, the executor of the mother’s estate, counterclaimed for sums arising from rent and trust distributions it was alleged had been improperly…
1-10-21 / Damian Clothier KC, Matthew Hickey OAM — Contract, Land Law & Property, Commercial Equity
A dispute arose between parties to a deed of agreement, as to whether the deed required a payment for the release of mortgages to be made by bank cheque, and if so whether the mortgagee was entitled to exercise its power of sale because the deed had been breached (the…
4-10-19 / Damian Clothier KC, Bianca Kabel — Commercial Equity, Corporations
These were further applications in the matter of Equititrust Limited v Tucker and Others. The defendants sought to summarily dismiss parts, or all, of the plaintiff’s claim, by striking out parts of the further amended statement of claim, without leave to replead, or for summary judgment. Applications were also made…
28-2-17 / Damian Clothier KC — Commercial Equity
Whether the plaintiff's claim for equitable compensation was time-barred by analogy with statutory limitation periods. Damian Clothier QC appeared for the applicants/first and second defendant, instructed by Barry Nilsson. The matter is under appeal and has been listed to be heard on 6 September 2017.
23-12-16 / Damian Clothier KC, Steven Forrest, Sam McCarthy — Commercial Equity, Corporations
This proceeding was brought by the Australian Securities and Investments Commission against the directors of the former LM Group of companies. The trial concerned allegations by ASIC of breach of directors' duties against five directors of a corporate trustee of a managed investment scheme.
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