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Results: 1-10 of 28

Federal Court considers request for inspection of company books in Hanks v Admiralty Resources NL

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • September 22 2011

In this case, the plaintiff was a minority shareholder who held 0.00005 of the issued capital in Admiralty Resources NL (Admiralty

PPSA register commenced on 30 January 2012 but it's not all smooth sailing

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • March 22 2012

The national Personal Property Securities (PPS) Register commenced on Monday, 30 January 2012

Federal Court of Australia considers the effect of an entire agreement clause on oral evidence in Prosperity Group International Pty Ltd v Queensland Communication Company Pty Ltd (No 3)

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • December 14 2011

This case concerned several contracts where Clear Telecoms (Aust) Pty Ltd, Australian Equipment Rentals Pty Ltd and Quick Fund (Australia) Pty Ltd (the Respondents) had agreed to provide telecommunications services to Prosperity Group International Pty Ltd and Worldnet Corporation Limited Pty Ltd (the Applicants

Victorian Supreme Court considers whether the cancellation of minority shares was "fair and reasonable" in Elkington v CostaExchange Ltd

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • December 14 2011

The plaintiff was a minority shareholder of the defendant company

Supreme Court of NSW considers the exercise of a shareholder's special constitutional powers outside of a general meeting in Gerard Cassegrain & Co Pty Limited v Cassegrain

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • December 14 2011

The defendant was a director of the plaintiff company, Gerard Cassegrain & Co (GC & Co). GC & Co sought an order that the defendant pay compensation for alleged breaches of his fiduciary duty as a director

Supreme Court of NSW considers shareholders' rights upon entering into share surrender agreements in McLaughlin v Dungowan Manly Pty Ltd (No 3)

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • September 22 2011

This case concerns a long-running dispute between the parties which began in 2006

The PPSA commencement date to be delayed beyond 31 October 2011

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • September 22 2011

On 2 September 2011, the Commonwealth Attorney General's department advised that commencement of the Personal Property Securities Act 2009 (PPSA) and PPS Register will be delayed, as the proposed 31 October 2011 commencement date was not achievable

Supreme Court of Victoria finds total failure of consideration in JD No 6 (Dava) Pty Ltd & anor v P Battlay Holdings Pty Ltd & anor

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • September 22 2011

This case concerned an agreement between the parties under which P Battlay Holdings Pty Ltd (PHB) granted JD No 6 (Dava) Pty Ltd (JD) an option to purchase one of PHB's properties

NSW Court of Appeal considers the scope of a vendor's warranty in a business sale in Aysun Pty Ltd v Cregan

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • September 22 2011

This case arose from the Cregans' sale of their hotel business to Aysun Pty Ltd (Aysun

Supreme Court of NSW considers scope of a vendor's obligation to do "all things necessary" in SWM Financial Services Pty Ltd v Lloyd

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • March 22 2012

This case concerned a contract for the sale of an accounting business by Mr Lloyd and Ms Wu (the vendors) to SWM Financial Services Pty Ltd (the purchasers