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1-10-20 / Michael Trim KC, Matthew Hickey OAM KC — Contract
The applicant, the operator of the Gold Coast Light Rail system (The System), and the respondent, a contractor for design and construction elements on the system, were parties to a written agreement in the form of a deed. A dispute arose between the parties about works performed on The System…
3-7-20 / Michael Trim KC — Contract
A successful Application to strike out particulars and resist lifting a stay on a Notice of Non-Party Disclosure. The Plaintiff/Respondent was a contractor which seeks payment of approximately AUD 1.1 million from the Defendant/Applicant in connection with works at a subdivision development. The proceeding involves allegations about the effect of…
5-3-20 / Michael Trim KC — Building & Construction, Corporate Insolvency & Bankruptcy, Contract
Application for security for costs. The proceedings involved claims for delay costs and retention monies paid under two subcontracts - with money allegedly due for work done for the provision of rigging and related services for two projects concerning military maintenance work. The defendant denied it was liable for any…
11-10-19 / Damian Clothier KC, Kristi Riedel, Michael Trim KC — Competition & Consumer, Contract, Employment & Industrial
The plaintiff’s principal claim against their former employer was for damages for the wrongful purported termination of their employment in 2015. The plaintiff had been the defendant company's chief executive officer since 2001. The respondent purported to terminate the plaintiff's employment for breach of its share trading policy for its…
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…
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