10-8-21 / David Chesterman KC — Professional Discipline & Regulatory
This was an application to punish the respondents for contempt of court. The first respondent provided a tax agent service for a fee in January 2021 which amounted to contempt against orders prohibiting him from such conduct previously made by Rangiah J. The fact of contempt was admitted. In issue…
6-8-21 / David Chesterman KC — Contract
Applications for summary judgment and to set aside a subpoena for production issued at the defendant’s request. The court considered two issues: that the plaintiff “sold and transferred to a trust its legal and equitable rights to mortgage deed … soon after execution of the mortgage”, and that the original…
12-2-21 / David Chesterman KC — Appellate, Contract, Land Law & Property
The applicants were the owners and managers of Gold Tip (News) Pty Ltd, a newsagency at the Mt Ommaney shopping centre leased from the respondent. Gold Tip operated the news agency until it was placed into liquidation. During the initial lease, the respondent undertook significant renovations and expansion of the…
1-2-21 / David Chesterman KC — Commercial Equity, Contract, Land Law & Property
An application to strike out certain paragraphs of an Amended Statement of Claim pursuant to r 179(1)(b) of the Uniform Civil Procedure Rules 1999. The basis of the application was that the paragraphs failed to plead the necessary facts in support of the conclusion of law about a joint endeavour…
18-12-20 / David Chesterman KC — Professional Discipline & Regulatory
Federal Court proceedings concerning the contravention of s 50-5(1) or s 50-5(2) of the Tax Agent Services Act 2009 by providing tax agent services and BAS services for fee or reward while not registered to provide those services. The case also became one about contempt, the respondents breaching undertakings provided…
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