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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

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

Gilbert + Tobin
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Australia
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September 22 2011

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

ASIC releases information sheet on voting on the remuneration report resolution

Gilbert + Tobin
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Australia
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September 22 2011

ASIC released an information sheet to provide options for listed companies to consider when complying with the current rules introduced by the Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011 (Cth) until amending legislation is introduced to address a legislative oversight

COAG sets out a new milestone for national reform of directors' liability

Gilbert + Tobin
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Australia
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September 22 2011

Currently, directors and officers are subject to various Federal, State and Territory laws governing directors' liability

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

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
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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
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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

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