Successfully resisted a claim for misleading or deceptive conduct in relation to the sale of a shopping centre. Acted for one of the respondents that was an asset manager for the vendor. The purchaser (who acquired the property on behalf of a syndicate of investors) alleged that documents provided to…
Pipe Networks Pty Ltd v 148 Brunswick Street Pty Ltd [2019] FCA 598
2-5-19 / Paul McQuade KC, Andrew O'Brien KC, Shane Monks — Contract, Competition & Consumer
Paul McQuade KC with Andrew O'Brien KC appeared on behalf of the Applicant/Cross-Respondent, instructed by RBG Lawyers. Shane Monks (led by M Stewart QC) appeared on behalf of the Respondent/Cross-Claimant, instructed by Lillas & Loel. 148 Brunswick Street Pty Ltd (148) and Pipe Networks Pty Ltd (Pipe) entered in to…
A claim for declaratory relief under the unwritten law that the plaintiff it is not obliged to pay any sum to the defendant under a written contract of guarantee on a number of different grounds. Relief was also sought pursuant to s 87 of the Trade Practices Act 1974 or s 237…
Kadam v MiiResorts Group 1 Pty Ltd (No 4) (2017) 252 FCR 298; [2017] FCA 1139
12-9-17 / Shane Monks, Matthew Hickey OAM KC — 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…
Kadam v MiiResorts Group 1 Pty Ltd (No 3) [2017] FCA 1138
11-9-17 / Shane Monks, Matthew Hickey OAM KC — Class Actions, Commercial Equity, Corporations, Competition & Consumer, International
An interlocutory application concerning whether or not the Federal Court of Australia had jurisdiction to to determine a separate question at a separate trial. Shane Monks (led by Caroline Kenny QC) appeared for the applicants, Matthew Hickey (led by Savage QC) appeared for the first respondents.
