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Results: 1-10 of 73

Can a deed be binding without the signature of all parties?: Pratap v Permanent Custodians Limited 2013 NSWSC 1918

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • February 25 2014

This case serves as a useful reminder that once a party has signed, sealed and delivered a deed (other than a guarantee), it becomes binding on that

Supreme Court of New South Wales finds that nominal compensation for a shareholder forced to transfer its shares due to a failure to contribute further funding constitutes a penalty in In the matter of Pioneer Energy Holdings Pty Ltd

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • September 19 2013

The Court applied the plain language and the commercial imperatives of the parties to interpret the terms of a shareholders agreement to require a

An entitlement to rely on the statutory due execution assumptions does not confer proprietary rights good against third parties: Esperance Cattle Company Pty Ltd v Granite Hill Pty Ltd 2014 WASC 279

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 3 2014

A sublessee was entitled to rely on the assumption of due execution under section 129(5) of the Corporations Act 2001 (Cth) in respect of a sublease

Ensure actual or ostensible authority before relying on representations: Agricultural & Rural Finance Pty Ltd v Atkinson (No 2) 2014 NSWSC 1397

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 19 2014

The New South Wales Supreme Court held that despite the managing director of one company making certain decisions and supervising the staff of

When will a dividend be mandatory?: Wambo Coal Pty Ltd v Sumiseki Materials Co Ltd 2014 NSWCA 326

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 18 2014

This case illustrates that whether a dividend is mandatory depends on the true construction of the relevant provisions (in this case in the company's

Supreme Court of Victoria considers whether a shareholders agreement was effective as a resolution to amend a constitution in Re Rectron Electronics Pty Ltd

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • September 19 2013

The Supreme Court of Victoria upheld the resolutions passed at a directors' meeting conducted on the footpath outside the company's office after the

When will an “in principle” settlement agreement be enforceable? Sayed v National Australia Bank Limited

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 24 2013

An "in principle" settlement agreement which was expressed to be "binding but subject to formal deed that will contain further terms not

Creditors’ schemes in the hot seat: the Nine Creditors’ Scheme of Arrangement

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • February 28 2013

On 29 January 2013, the Federal Court of Australia made orders approving the creditors’ scheme of arrangement between Nine Entertainment Group Pty

When will a contract by frustrated for illegality?: PT Arutmin Indonesia v PT Thiess Contractors Indonesia 2013 QSC 332

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • February 25 2014

The Supreme Court of Queensland refused to find that changes in the law which affected a company's ability to engage a contractor or changes to the

It takes more than a “polite enquiry” by email to form an offer to contract: Mark Anthony productions (NSW) Pty Ltd v The University of Sydney Union 2014 NSWSC 120

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • March 24 2014

An email by an existing licensee to the licensor asking whether it would be 'stretching the friendship" to ask for a new licence for a further term