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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
- -
- 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 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
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
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- 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 considers grounds for oppressive conduct in Grego v Copeland & Ors
- Gilbert + Tobin
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- Australia
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- 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 NSW considers shareholders' rights upon entering into share surrender agreements in McLaughlin v Dungowan Manly Pty Ltd (No 3)
- Gilbert + Tobin
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- Australia
- -
- September 22 2011
This case concerns a long-running dispute between the parties which began in 2006
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
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- 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
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
- -
- 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
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
- -
- 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
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
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
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- Jurisdiction - Australia
- Workarea - Company & Commercial
- Workarea - Litigation
- Author - Rachel Launders
- Author - Kathy Zgouras
- Firm Name - Gilbert + Tobin