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Corporations Cases

Shafston Avenue Construction Pty Ltd v McCann [2020] FCAFC 85

22-5-20 / Stewart Webster KC — Appellate, Corporate Insolvency & Bankruptcy, Corporations

This appeal to the Full Federal Court concerned whether a Deed of Company Arrangement (DOCA) should be terminated as contrary to the interests of creditors under s.445D of the Corporations Act 2001 (Cth). The primary judge had determined that the DOCA should not be terminated. On appeal, the appellants contended…

Emperor Investment Group Pty Ltd v Delta Law Pty Ltd and Anor; Emperor Investment Group Pty Ltd & Anor v Rozario & Ors [2019] QSC 307

16-12-19 / Stewart Webster KC, Mark Eade — Corporations

This proceeding concerned whether the Court should make orders terminating the administration of a company under s.447A of the Corporations Act 2001 (Cth). The principal applicant was a shareholder who contended, among other things, that the company had been placed into administration by its sole director for an improper purpose.…

Menegazzo v PricewaterhouseCoopers & Ors [2019] QSC 296

2-12-19 / Stewart Webster KC — Corporations, Land Law & Property

This proceeding involved an alleged breach of the “fair dealing rule” by trustees, arising from the division of ownership of large cattle stations between four siblings. The Court appointed three experts to value the cattle stations and associated assets. After the reports of the Court-appointed experts were delivered, the plaintiff…

CRCG-Rimfire Pty Ltd (subject to deed of company arrangement) [2019] FCA 1426

30-8-19 / Stewart Webster KC — Corporate Insolvency & Bankruptcy, Corporations

This case concerned an application to terminate or set aside a Deed of Company Arrangement (DOCA) under s.445D of the Corporations Act 2001 (Cth), or ss.75-41 and 75-42 of the Insolvency Practice Schedule. A joint venture company was incorporated for the purpose of engaging in residential, commercial and infrastructure construction…

King v Gunthorpe [2018] QSC 1

8-1-18 / Damian Clothier KC, Stewart Webster KC — Contract, Corporations, Professional Negligence

Whether there existed 'good reason' for renewing a claim pursuant to r24(2) of the Uniform Procedure Rules 1999 (Qld). Damian Clothier QC appeared for the plaintiffs, instructed by Holman Webb. Stewart Webster (with G A Thompson QC) appeared for the defendants, instructed by McInnes Wilson.

Cases — Stewart Webster KC