23-9-21 / Salwa Marsh — Contract, Commercial Equity, Corporate Insolvency & Bankruptcy
An interlocutory application primarily regarding the parameters of discovery to be produced. In the substantive matter orders are sought that the first defendant be wound up on the grounds of oppression or on just and equitable grounds or alternatively orders pursuant to s 233(1) of the Corporations Act 2001 (Cth)…
4-5-21 / Matthew Hickey OAM, Sophie Gibson — Commercial Equity, Contract
This case concerned the construction of a dispute resolution clause in an agreement for the undertaking of a "social benefit bond", to which the State of Queensland is a party. Against the background of a dispute which has arisen between the parties, the question for the New South Wales Supreme…
1-2-21 / David Chesterman KC — Commercial Equity, Contract, Land Law & Property
An application to strike out certain paragraphs of an Amended Statement of Claim pursuant to r 179(1)(b) of the Uniform Civil Procedure Rules 1999. The basis of the application was that the paragraphs failed to plead the necessary facts in support of the conclusion of law about a joint endeavour…
18-12-20 / Michael May — Corporations, Commercial Equity
An application by the plaintiff for summary judgement on its claim, on the basis that the defendant had no real prospect of successfully defending that claim. The plaintiff is a property development company suing one of its former directors for alleged breach of fiduciary duties in acquiring land arising from…
10-12-19 / Michael May — Commercial Equity, Corporations
The case involved a claim by a co-operative housing society against its former director and a company related to him seeking relief for alleged breaches of directors’ duties and fiduciary duties. The defendants applied for relief against the ordinary pleading and disclosure obligations on the grounds of self-incrimination privilege. The…
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