Point Bay Developments Pty Ltd v Perkins (WA) Pty Ltd [2021] QSC 272
22-10-21 / Matthew Hickey OAM KC — Commercial Equity, Banking
By mistake, the applicant caused the ATO to pay a GST refund to a related party's bank account instead of its own. The related party was the respondent's judgment debtor of the respondent. Before the mistake was identified, the related party's bank (responding to a debt appropriation order made pursuant…
1-10-21 / Damian Clothier KC, Matthew Hickey OAM KC, Andrew O'Brien KC — Contract, Land Law & Property, Commercial Equity
Damian Clothier KC with Andrew O'Brien appeared for the successful first defendant. Matthew Hickey OAM KC (with Catherine Chiang) appeared for the unsuccessful plaintiff. A dispute arose between parties to a deed of agreement, as to whether the deed required a payment for the release of mortgages to be made…
An interlocutory application primarily regarding the parameters of discovery to be produced. In the substantive matter orders are sought that the first defendant be wound up on the grounds of oppression or on just and equitable grounds or alternatively orders pursuant to s 233(1) of the Corporations Act 2001 (Cth)…
LWB QLD SBB Limited v State of Queensland [2021] NSWSC 462
4-5-21 / Matthew Hickey OAM KC, Sophie Gibson — Commercial Equity, Contract
This case concerned the construction of a dispute resolution clause in an agreement for the undertaking of a "social benefit bond", to which the State of Queensland is a party. Against the background of a dispute which has arisen between the parties, the question for the New South Wales Supreme…
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…
