This appeal to the Full Federal Court concerned whether a Deed of Company Arrangement (DOCA) should be terminated as contrary to the interests of creditors under s.445D of the Corporations Act 2001 (Cth). The primary judge had determined that the DOCA should not be terminated. On appeal, the appellants contended…
20-2-20 / Stewart Webster KC — Appellate, Land Law & Property
This appeal concerned the removal of a caveat over a property to subject of a claim for a constructive trust and directions given under s 96 of the Trusts Act 1973 (Qld) to the trustee/defendant about mortgaging that property and the use of funds to defend the primary proceeding. The…
19-2-20 / Stewart Webster KC — Appellate, Land Law & Property
This appeal concerned whether the appellant should have leave to amend its statement of claim to introduce new claims in a proceeding in which the appellant sought declarations of constructive trust of real property held in the name of her mother-in-law, who had died after the proceedings were commenced. The…
Cherwell Creek Coal Pty Ltd v BHP Queensland Coal Investments Pty Ltd & Ors [2019] QLAC 5
1-11-19 / Stewart Webster KC — Appellate, Contract, Resources & Energy
In an ongoing major proceeding in the Land Court, a coal explorer is claiming over $100 million in compensation from BHP for alleged loss of opportunity to commercialise a coal resource on an area of land over which the appellant previously held an exploration permit. The claim is made pursuant…
Gold Coast City Council v Sunland Group Limited & Anor [2019] QCA 118
14-6-19 / Stewart Webster KC — Appellate, Land Law & Property, Planning & Environment
Appeal against a determination of the Planning & Environment Court that infrastructure charge notices issued to ASX listed development company Sunland Group Limited were invalid for a failure to include an adequate statement of reasons. Stewart Webster KC appeared on behalf of the respondent, instructed by Holding Redlich. The judgment…
