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…
26-2-19 / Roger Traves KC, Stewart Webster — Appellate, Commercial Equity, Contract, Corporate Insolvency & Bankruptcy
An appeal brought by Queensland Nickel entities against an order that MIM was permitted to remove Equipment belonging to Queensland Nickel from a berth at the Port of Townsville, consequent on the termination by MIM of a licence agreement in favour of another Queensland Nickel entity. The appeal concerned whether…
23-7-18 / Roger Traves KC, Stewart Webster — Commercial Equity, Contract, Land Law & Property
This case involved a consideration of whether companies holding equitable charges were necessary parties to an application for declarations about the lawfulness of removing equipment subject to the charges. Resolving that question turned on a consideration of whether the charge holders were directly affected by the orders which had been…
8-12-16 / Stewart Webster — Appellate, Corporate Insolvency & Bankruptcy, Commercial Equity
Whether an appeal from a single judge of the New South Wales Supreme Court concerning the construction of s.58 of the Bankruptcy Act 1966 must be brought in the Full Federal Court of Australia because of the operation of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).
1-2-16 / Stewart Webster — Corporations, Commercial Equity, Contract
The Federal Court of Australia was asked to determine whether amendments to a company's constitution were oppressive to a member.
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