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Elanor Funds Management Ltd v Alceon Group Pty Ltd [2023] FCA 1291

30-10-23 / Paul McQuade KC, Shane Monks — Competition & Consumer, Contract

Successfully resisted a claim for misleading or deceptive conduct in relation to the sale of a shopping centre. Acted for one of the respondents that was an asset manager for the vendor. The purchaser (who acquired the property on behalf of a syndicate of investors) alleged that documents provided to…

Zabusky & Ors v Virgtel Limited [2022] QCA 223

11-11-22 / Shane Monks — International

Shane Monks appeared for the respondent, instructed by James Conomos Lawyers. An appeal for an order to lift a permanent stay on the basis that the respondent came into possession of assets in the jurisdiction. Originally, the appellants applied to register a foreign judgment in Queensland, namely an order issued…

Oranville Pty Ltd and Anor v Plum Property Pty Ltd & Ors [2022] QSC 119

9-6-22 / Shane Monks — Contract

Shane Monks appeared for the applicants, instructed by Jemmeson & Fisher Solicitors. The plaintiff real estate agents, who were the applicants, had sued their former employees for misuse of confidential information, and breach of restraints of trade. They sought further disclosure under rule 223(4)(b)(i) of the Uniform Civil Procedure Rules…

Francis v Oculus Accounting Pty Ltd (No 3) [2022] FCA 363

8-4-22 / Shane Monks — Class Actions

Shane Monks represented the Applicants, instructed by Bounty Law. The Applicants, as lead applicants in a representative proceeding under Pt IVA of the Federal Court of Australia Act 1976 (Cth), sought approval under s 33V to settle and discontinue a class action against the Respondent firm. An earlier application had…

Zabusky & Ors v Virgtel Limited [2022] QSC 46

7-4-22 / Shane Monks — International

Shane Monks appeared for the successful defendant, instructed by James Conomos Lawyers. On an application to register a foreign judgment in Queensland, Crow J had granted a permanent stay on the basis of forum non conveniens as the defendant company had no assets in the jurisdiction. The plaintiff applied to…

Cases — Shane Monks