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Results: 1-10 of 47

When will the time for payment be essential?: Liang Zhen Lin v BHW Capital Pty Ltd & Anor 2013 NSWSC 1786

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

This case illustrates the willingness of the Courts to imply a term that the time for payment is essential in circumstances where the timing was

The implied duty to co-operate does not extend to being ‘nice’: Wolfe v Permanent Custodians 2013 VSCA 331

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

A failure to make extensive efforts to contact a defaulting borrower whose direct debit form had been incorrectly completed was neither unjust

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

Passivity will not save a director of failed corporations from disqualification: Maley and the Australian Securities and Investments Commission 2013 AATA 924

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

This case serves as an important reminder that board appointments should not be taken lightly - even as a "personal favour". Directors should ensure

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

Can a party cash in an unconditional performance guarantee pending the resolution of a dispute?: Walton Construction Pty Ltd v Pines Living Pty Ltd 2013 ACTSC 237

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

The unconditional nature of a bank guarantee does not necessarily imply an unconditional entitlement to cash in the guarantee in the absence of an

Can you agree to reverse the onus of proof for proving information is not confidential?: Pet Tech Pty Ltd v Batson 2013 NSWSC 1954

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

While a clause which sought to shift the burden for proving that information is not confidential from the discloser to the recipient came very close

When can a lender form an opinion that a MAC has occurred?: Minumbra Lancewood Pty Ltd v AM Lancewood Investment Nominees Pty Limited 2013 NSWSC 1929

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

This case illustrates the challenges inherent in interpreting MAC clauses given they tend to be heavily negotiated and tailored provisions, with the

When will a Court grant interlocutory relief to re-appoint a director?: In the matter of Courtesy Real Estate (NSW) Pty Ltd 2013 NSWSC 1666

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

This case demonstrates the Court's unwillingness to make an order to reinstate a director on the basis that if the removal is ultimately found to be

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