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NSW Court of Appeal considers the contractual meaning of a "reasonable commercial endeavours" clause in Cypjayne Pty Limited v Babcock & Brown International Pty Ltd

Gilbert + Tobin
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Australia
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August 19 2011

The appeal concerned a contract whereby Blue Hills Village Management (Liverpool) Pty Ltd (BHVML) had agreed to sell Allocated Places in its aged care facility to CAGCare Pty Ltd (CAGCare

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

Gilbert + Tobin
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Australia
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December 14 2011

The plaintiff was a minority shareholder of the defendant company

Queensland Court of Appeal construes the effect of oral and written terms on a standard loan contract in Zamia Investments Pty Ltd v Mesana Pty Ltd

Gilbert + Tobin
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Australia
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December 14 2011

Zamia Investments Pty Ltd (Zamia) and Mesana Pty Ltd (Mesana) were shareholders of Mini Tankers International Pty Ltd (MTI), a holding company with shares in Mini Tankers USA Inc (MT USA) and Mini Tankers Canada Ltd (MTC

High Court of Australia considers whether a court can declare an expert determination to be non-binding in Shoalhaven City Council v Firedam Civil Engineering

Gilbert + Tobin
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Australia
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December 14 2011

In this case, the parties engaged an expert to resolve a dispute according to a term of their civil works contract

Supreme Court of NSW considers scope of shareholder power in In the matter of Winlyn Developments Pty Ltd

Gilbert + Tobin
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Australia
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December 14 2011

In this case, 2 shareholders of Winlyn Developments Pty Ltd (Winlyn), Ms Yu Wen Cao and Mr Jinbiao Zheng, convened a general meeting of the company

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
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Australia
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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
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Australia
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September 22 2011

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

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

Gilbert + Tobin
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Australia
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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

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
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Australia
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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

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
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Australia
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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

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