31-3-21 / Anthony Messina — Corporate Insolvency & Bankruptcy
Owners in an unhappy duplex fell into in dispute about the maintenance. The dispute was adjudicated, but the body corporate failed to comply with the order. The court appointed an administrator under s287 of the Body Corporate and Community Management Act 1997 (Qld) to bring the body corporate into compliance…
21-12-20 / Anthony Messina — Corporate Insolvency & Bankruptcy
In the liquidation of Cullen Group Australia Pty Ltd (in liq), the liquidator commenced a mothership proceeding against 29 respondents asserting that certain payments made by the company were unfair preferences. On 16 December 2020, Justice Martin determined the question of insolvency as a preliminary question. Succeeding on the preliminary…
17-12-19 / Nicholas Andreatidis KC, Anthony Messina, Sophie Gibson — Contract
Well outside the statutory limitation period, a mortgagee brought a claim for payment of principal and interest owing under a registered mortgage, and an order for possession of the land which secured the obligation to pay. In defence of the claim, the mortgagor pleaded a limitations defence. In reply, the…
9-12-19 / Anthony Messina — Intellectual Property
Under s 115 of the Copyright Act 1968 (Cth), RP Data was sued for allegedly infringing copyright subsisting in photographs and floor plans of various properties. The works were commissioned by real estate agents for the purpose of marketing the properties for sale or lease on platforms including www.realestate.com.au and RP Data…
29-11-19 / Anthony Messina, Sam McCarthy — Contract
The plaintiff supplied plumbing goods to the defendant on credit. The plaintiff sued for debts allegedly owed by the defendant for goods supplied. An issue in the proceeding was the terms which governed the plaintiff’s supply of goods to the defendant. Determining the question separately from the substantive proceeding, the…
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