18-11-21 / Shane Monks — Arbitration, International
An application to enforce a foreign arbitral award as a judgement of the Federal Court. The applicant, HongKong Henson Industrial Limited, entered into a contract to purchase mineral sands from the respondent, Victorian Ferries Pty Ltd. The contract provided for disputes concerning the contract to be settled by arbitration subject…
8-11-21 / Shane Monks, Sophie Gibson — Corporations
This judgement concerned the orders for costs of an application dismissed for want of prosecution. It was not contested that the applicant should be ordered to pay the costs of the respondents. Rather, the disputed questions were, first, whether costs should be assessed on an indemnity basis; and second, whether…
27-8-21 / Shane Monks — Contract
A civil proceeding wherein the parties sought to recover costs against each other on both a standard and indemnity basis. The plaintiff sought to recover costs from the defendants covering up until 6 October 2020 and thereafter the plaintiff to pay the defendant’s costs on a standard basis. The defendants…
9-7-21 / Shane Monks — Building & Construction, Contract
The Queensland Building and Construction Commission (formerly the Queensland Building Services Authority) commenced an action against the defendants to recover statutory insurance monies as debt under ss 71(1), 111C(3) and (6) of the Queensland Building and Construction Commission Act 1991 (Qld). The first defendant was the director of Spectrum Pty…
31-5-21 / Shane Monks — Corporate Insolvency & Bankruptcy
The applicants were 2 of 29 respondents to a “mothership” unfair preferences claim brought by a liquidator. They did not give the liquidator a positive indication that they consented to a finding of insolvency and they did not appear at the hearing to determine the question of insolvency. A costs…
Level 27, 239 George Street, Brisbane Qld 4000