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Corporations Cases

Equititrust Limited v Tucker and Others (No 2) [2019] QSC 248

4-10-19 / Damian Clothier KC, Bianca Kabel — Commercial Equity, Corporations

These were further applications in the matter of Equititrust Limited v Tucker and Others. The defendants sought to summarily dismiss parts, or all, of the plaintiff’s claim, by striking out parts of the further amended statement of claim, without leave to replead, or for summary judgment. Applications were also made…

Tisdall v Omeros [2019] QSC 220

6-9-19 / Michael Trim KC, Bianca Kabel — Competition & Consumer, Contract, Corporations

The Plaintiff claimed damages from the Defendants for the alleged breach of a warranty in a written share sale agreement (SSA). On 1 July 2011, a new company Impirical Pty Ltd (“the Company”) was incorporated with the Plaintiff and Defendants as directors and shareholders. On 14 May 2015, the Plaintiff…

King v Australian Securities and Investments Commission [2019] QCA 121

18-6-19 / Damian Clothier KC, Bianca Kabel — Corporations, Appellate

This decision related to the question of penalty in respect of the appellant. The appellant had succeeded in the primary appeal in setting aside declarations that he had breached duties as an “officer” of the relevant company, on the basis that he was not an officer at the time on…

Equititrust Limited v Tucker and Others [2019] QSC 51

12-3-19 / Damian Clothier KC, Bianca Kabel — Contract, Corporations, Corporate Insolvency & Bankruptcy

This judgment concerned a number of applications to strike out the claim and statement of claim, and for security for costs, made by the various defendants. The Court struck out a substantial number of paragraphs of the statement of claim as being deficient, granting leave to replead. In the case…

King & Ors v Australian Securities and Investments Commission [2018] QCA 352

18-12-18 / Damian Clothier KC, Bianca Kabel — Appellate, Corporations

The Australian Securities and Investments Commission (“ASIC”) brought a civil penalty case against MFS Investment Management Ltd (“MFSIM”) and various directors, officers and employees of the MFS Group of companies. The primary judge found that MFSIM, the responsible entity for the Premium Income Fund (“PIF”), caused payments of $130 million…

Cases — Bianca Kabel