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Results: 1-10 of 59

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

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

When will a restraint of trade clause in a business sale be reasonable?: RPR Maintenance Pty Ltd v Marmax Investments Pty Ltd 2014 FCA 409

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

This case provides a useful summary and analysis of the factors that a court will consider when deciding whether a restraint in a sale of business

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

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

Federal court applies a liberal construction of its power under section 1322(4)(a) of the Corporations Act 2001 (Cth): Macquarie Securities (Australia) Limited, in the matter of Macquarie Securities (Australia) Limited 2014 FCA 455

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

The Federal Court has granted relief under section 1322(4)(a) of the Corporations Act 2001 (Cth) (Act) for a transfer of shares of a company to a

Take care when drafting a body corporate representative appointment: in the matter of Richardson & Wrench Holdings Pty Limited 2013 NSWSC 1990

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

The signing of a circular resolution by a body corporate representative in circumstances where the representative appointment was expressed to only

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

When will appointment of voluntary administrators constitute oppressive conduct? Ubertini v Saeco International Group Spa (No 4) 2014 VSC 47

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • April 28 2014

The Court found that the appointment of voluntary administrators to a company constituted oppressive conduct under section 232 of the Corporations

Supreme Court of New South Wales considers repudiation of a loan facility and the appropriateness of advertising as a mortgagee sale in Commonwealth Bank of Australia v Geoffrey Anthony Shannon

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

This case provides a useful discussion on the law of repudiation (in the context of a loan facility) and emphasises that even where there is