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Hardingham v RP Data Pty Limited [2021] FCAFC 148

18-8-21 / Anthony Messina — Contract

This is a case of significance to the property industry. The appeal concerns the alleged infringement of the appellant photographer’s intellectual property rights in images and floor plans he created pursuant to informal contracts with real estate agents. The images and floor plans were displayed on platforms, including RP Data…

Price v Spoor [2021] HCA 20

23-6-21 / Nicholas Andreatidis KC, Anthony Messina, Sophie Gibson — Contract, Banking

Anthony Messina and Sophie Gibson appeared for the respondents, instructed by Mullins Lawyers. The judgment is available here. Counsel authored this summary of the issues, outcome and implications arising from the matter. A snapshot summary of the case background and issues is available here.

Egan v Cameron & Anor [2021] QDC 66

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…

In the matter of Cullen Group Australia Pty Ltd (in liq) [2020] QPEC 63

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…

Spoor & Ors v Price & Ors [2019] QCA 297

17-12-19 / 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…

Cases — Anthony Messina