An appeal from a decision of the Supreme Court of Queensland. At first instance, the Court held that an adjudication decision made under the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) was not valid. The Appellant (RHG Construction) was the builder and the Respondent (KP Developments) was…
Hail Creek Coal Holding Pty Limited & Ors v Michelmore [2021] QLC 19
27-5-21 / Damian Clothier KC — Land Law & Property
The Applicant managed Hail Creek Mine, and the Respondent owned a mining camp adjacent to the Hail Creek Mine. The parties could not agree on the compensation the Applicant should pay the Respondent for a mining lease over the camp land. The Land Court intervened to determine the amount of…
The applicants had brought proceedings against a corporate defendant and its shareholders alleging oppression over the course of many years in relation to the conduct of the company’s affairs. One of the shareholders was a trustee that held shares in the company on trust and the beneficiaries of the trust…
Holman and Commissioner of Taxation (Taxation) [2020] AATA 1375
20-5-21 / Florence Chen — Tax
The Applicant sought a private ruling as to whether he operated a retail shop business in partnership with his ex-wife and filed a tax return claiming 80% of the losses of the partnership. The Respondent issued a private ruling and determined that the Applicant was not operating the business in…
18-5-21 / Michael Hodge KC — Corporations, Contract
The Applicant made an application for an order pursuant to section 1303 of the Corporations Act 2001 (Cth), to compel the Respondents to make a contract of sale available for inspection and copying. The Applicant asserted that the Respondents had contravened section 421(2) of the Act, as the Applicant is…
