26-2-21 / Damian Clothier KC — Corporations
The plaintiff pursued compensation for loss, damage and injury allegedly suffered as a result of victimisation caused by his former employer, ERM. The plaintiff claims his whistleblower disclosures were improperly revealed by the thirteen defendants, which concluded in alleged detrimental conduct. The Court rejected the plaintiff’s claim that the element…
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…
22-7-20 / Damian Clothier KC — Corporations
The applicant is a coal mining company operating an open cut mine in the eastern Darling Downs. It planned to expand the mine which raises various considerations under Queensland legislation, namely acquiring two mining leases pursuant to the Mineral Resources Act 1989 and an amendment of an existing environmental authority…
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…
18-6-19 / Damian Clothier KC, Bianca Kabel — Corporations, Appellate
This decision related to the question of penalty in respect of the appellant. The appellant had succeeded in the primary appeal in setting aside declarations that he had breached duties as an “officer” of the relevant company, on the basis that he was not an officer at the time on…
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