25-3-21 / Shane Monks — Contract
In 2009, the first respondents purchased a “trophy home” property on the Gold Coast, financed in part by the applicant. The first respondents fell into arrears on the loan and after the applicant obtained default judgment for recovery of possession of the property it contracted to sell it to the…
12-2-21 / Shane Monks — Corporations
The applicant brought a proceeding to enforce a judgment of the Federal High Court of Nigeria in Queensland, on the basis of common law principles. The defendant company successfully applied for a permanent stay on the ground of forum non conveniens. It was found that Virgtel Ltd did not have…
4-9-20 / Shane Monks — Employment & Industrial
The Respondent was a school teacher who retrained as a pharmacist and commenced work at a hospital. The Sunshine Coast Hospital and Health Service contended the employment was characterised by a conflict. The Respondent resigned from the hospital and commenced proceedings against the Health Service, essentially claiming damages for constructive…
19-12-19 / Shane Monks — Employment & Industrial
The plaintiff’s claim arose out of the termination of her employment as a pharmacist by the defendant. The defendant's application was for summary judgment and damages. The plaintiff alleged she was illegally suspended from her duties as a pharmacist contrary to s 137 of the Public Service Act 2008 (Qld) and…
2-8-19 / Shane Monks — Corporations, Corporate Insolvency & Bankruptcy
Where creditors of two related companies in liquidation applied for the appointment of a Special Purpose Liquidator (SPL) under Division 90, s 90-15 of the Insolvency Practice Schedule (Corporations). The applicants required the order because they wished to have the SPL investigate bringing, and if appropriate bring, proceedings to recover…
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