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18-7-26 / Jonathan Hohl — Corporations, Corporate Insolvency & Bankruptcy
Jonathan Hohl represented the first respondent, instructed by Corrs Chambers Westgarth. The applicant, an undischarged bankrupt, filed an originating application seeking to impugn a judgment of the Supreme Court entered against his wife and himself in 2017. The applicant later filed and served a statement of claim, which differed significantly…
17-7-26 / Andrew O'Brien KC — Appellate, Corporations, Commercial Equity
Andrew O’Brien KC appeared on behalf of the fourth respondent, instructed by RBG Lawyers. The central focus of the appeal was whether the primary judge erred in not making an order granting priority in a receivership for payment in favour of Enyo Lawyers (the appellant), as a result of Enyo…
19-6-26 / Matthew Jones KC — Corporations
Matthew Jones KC (leading Mr L Inglis) appeared for the plaintiffs, instructed by Merton Legal. This decision considered elements of the definition of a “managed investment scheme” in s 9 of the Corporations Act 2001, particularly whether an investor who gives notice to rescind an investment contract under s 601MB…
19-6-26 / Oliver Cook — Class Actions, Corporations
Oliver Cook (led by I Ahmed SC) represented the second defendant, instructed by Mallesons. This decision concerns the apportionment of costs between the plaintiff and defendants, in circumstances where the plaintiff was granted an extension of time to file their application and a fifth statement of claim, and subsequently, in…
10-6-26 / Damian Clothier KC — Corporations
Damian Clothier KC (leading EL Hoiberg) appeared for the first defendant, instructed by DLA Piper Australia. This case concerned four interlocutory applications: an application by the plaintiff, Mr Quinlan, for further disclosure by the first defendant, applications by Shell for relief from its obligation to disclose documents in unredacted form…
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