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Results: 1-10 of 15

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
  • -
  • Australia
  • -
  • 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
  • -
  • Australia
  • -
  • December 14 2011

The plaintiff was a minority shareholder of the defendant company

Supreme Court of Victoria considers grounds for oppressive conduct in Grego v Copeland & Ors

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

This case concerned proceedings brought by Mr Frank Grego, a shareholder of Jimmi Dexta Pty Ltd (Jimmi Dexta), against the company's other shareholders, alleging oppressive conduct under s232 of the Corporations Act 2001 (Cth

Supreme Court of Queensland outlines the consequences of providing for a "fair market value" in relation to the valuation of joint venture interests

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • August 19 2011

Vale Belvedere Pty Ltd v BD Coal Pty Ltd 2011 QSC 173 concerned a joint venture agreement between the parties, under which Vale Belvedere Pty Ltd (Vale Belvedere) had exercised an option to purchase the interests of BD Coal Pty Ltd (BD Coal

Full Court of the Federal Court of Australia considers fiduciary and statutory duties owed by directors to a company in Omnilab Media Pty Limited v Digital Cinema Network Pty Ltd

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

This case concerned a joint venture company, Digital Cinema Network Pty Ltd (DCN), which negotiated with film studios and cinema owners in preparing Virtual Print Fee (VPF) agreements with regards to US film studies providing financial assistance to cinema owners converting movie projections from analogue to digital

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

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

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
  • -
  • Australia
  • -
  • 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
  • -
  • Australia
  • -
  • 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
  • -
  • Australia
  • -
  • 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