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Competition & Consumer Cases

Elanor Funds Management Ltd v Alceon Group Pty Ltd (2024) 424 ALR 601; [2024] FCAFC 121

18-9-24 / Shane Monks — Appellate, Competition & Consumer, Contract

Shane Monks appeared on behalf of the second respondent, instructed by Clyde & Co. This appeal arose from a dispute in which the appellant alleged that the respondents engaged in misleading or deceptive conduct during the sale of a shopping centre by representing that certain tenants were not in arrears…

Elanor Funds Management Ltd v Alceon Group Pty Ltd [2023] FCA 1291

30-10-23 / Paul McQuade KC, Shane Monks — Competition & Consumer, Contract

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) 371 ALR 627; [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…

Mineralogy Pty Ltd v BGP Geoexplorer Pte Ltd [2017] QSC 219

9-10-17 / Shane Monks — Contract, Competition & Consumer, Resources & Energy

Shane Monks, led by P Zappia QC, appeared for the plaintiff. 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…

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

Shane Monks (led by Caroline Kenny QC) appeared for applicants in the proceeding (but not for the relief), Matthew Hickey (led by Savage QC) appear for the first respondents. An interlocutory application concerning the appointment of a referee in accordance with s 54A of the Federal Court of Australia Act…

Cases — Shane Monks