3-9-20 / Damian Clothier KC, Bianca Kabel — Corporations
These were further applications in the matter of Equititrust Limited v Tucker and Others, in which the defendants sought further security for costs. The matters of form and quantum of the security to be ordered were in dispute between the parties. On the Fifth and Sixth Defendants' application, Bond J…
11-3-20 / Bianca Kabel — Corporations, Appellate
An appeal concerning the proper construction of the definition of “officer” in s 9 of the Corporations Act and, in particular, the phrase “capacity to affect significantly the corporation’s financial standing” in s 9(b)(ii) of the Act. Bianca Kabel (with D F Jackson) appeared for the first respondent, instructed by…
31-1-20 / Bianca Kabel — Corporations, Tax
This was an application for summary judgment brought under rule 292 of the Uniform Civil Procedure Rules, and an application for costs thrown away by amendments made to the plaintiff’s statement of claim. The proceedings arose in the context of a trustee’s right of recoupment against a new trustee, and…
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…
6-9-19 / Michael Trim, Bianca Kabel — Competition & Consumer, Contract, Corporations
The Plaintiff claimed damages from the Defendants for the alleged breach of a warranty in a written share sale agreement (SSA). On 1 July 2011, a new company Impirical Pty Ltd (“the Company”) was incorporated with the Plaintiff and Defendants as directors and shareholders. On 14 May 2015, the Plaintiff…
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