8-11-21 / Shane Monks, Sophie Gibson — Corporations
This judgement concerned the orders for costs of an application dismissed for want of prosecution. It was not contested that the applicant should be ordered to pay the costs of the respondents. Rather, the disputed questions were, first, whether costs should be assessed on an indemnity basis; and second, whether…
12-2-21 / Shane Monks — Corporations
The applicant brought a proceeding to enforce a judgment of the Federal High Court of Nigeria in Queensland, on the basis of common law principles. The defendant company successfully applied for a permanent stay on the ground of forum non conveniens. It was found that Virgtel Ltd did not have…
2-8-19 / Shane Monks — Corporations, Corporate Insolvency & Bankruptcy
Where creditors of two related companies in liquidation applied for the appointment of a Special Purpose Liquidator (SPL) under Division 90, s 90-15 of the Insolvency Practice Schedule (Corporations). The applicants required the order because they wished to have the SPL investigate bringing, and if appropriate bring, proceedings to recover…
20-7-18 / Shane Monks, Matthew Hickey OAM — Class Actions, Commercial Equity, Corporations, International, Land Law & Property
A class action and related proceeding by the Securities and Exchange Board of India, in which relief was sought on behalf of investors in a large "Ponzi" scheme operated in the Republic of India. The investors sought to trace their pooled funds from India, where they had been invested in…
12-9-17 / Shane Monks, Matthew Hickey OAM — Class Actions, Commercial Equity, Corporations, International, Competition & Consumer
An interlocutory application concerning the appointment of a referee in accordance with s 54A of the Federal Court of Australia Act 1976 (Cth) to report in relation to the domestic law of the Republic of India. Shane Monks (led by Caroline Kenny QC) appeared for applicants in the proceeding (but…
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