21-10-22 / Shane Doyle KC, Anthony Messina — Contract, Resources & Energy
Mineralogy Pty Ltd and Adani Mining Pty Ltd fell into dispute concerning their rights and obligations under a royalty deed. Adani referred the dispute to expert determination under the dispute resolution clause in the deed, and the President of the Queensland Law Society nominated Russell Thirgood as independent expert. Mineralogy…
22-7-22 / Anthony Messina — Contract, Resources & Energy
Mineralogy Pty Ltd and Adani Mining Pty Ltd entered a royalty deed concerning Adani’s Carmichael Coal Mine. The deed restricted Adani’s right to grant an encumbrance over its rights including under the royalty deed. The deed also contained a dispute resolution clause under which all disputes could be referred to expert…
18-11-21 / Anthony Messina — Corporate Insolvency & Bankruptcy
A liquidator applied for an order that he be appointed receiver of trust property for the purpose of enforcing the company’s right of indemnity and exoneration (as former trustee of the trust). The application was opposed by creditors and beneficiaries of the trust on the grounds of apprehended bias; an…
18-8-21 / Anthony Messina — Contract
This is a case of significance to the property industry. The appeal concerns the alleged infringement of the appellant photographer’s intellectual property rights in images and floor plans he created pursuant to informal contracts with real estate agents. The images and floor plans were displayed on platforms, including RP Data…
23-6-21 / Nicholas Andreatidis KC, Anthony Messina, Sophie Gibson — Contract, Banking
Nicholas Andreatidis QC, Anthony Messina and Sophie Gibson appeared for the respondents, instructed by Mullins Lawyers. The judgment is available here. Counsel authored this summary of the issues, outcome and implications arising from the matter. A snapshot summary of the case background and issues is available here.
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