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Results: 1-10 of 73

Finding a ‘fraudulent and dishonest design’ for the purpose of liability of third parties who knowingly assist in a breach of fiduciary duty: Hasler v Singtel Optus Pty Ltd; Curtis v Singtel Optus Pty Ltd; Singtel Optus Pty Ltd v Almad Pty Ltd 2014 NSWCA 266

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

There have been inconsistent formulations of the "dishonest and fraudulent design" element of the second limb of Barnes v Addy since the Court of

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

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

Unauthorised and dishonestly obtained termination payments recouped from directors: Invion Ltd v SGB Jones Pty Ltd & Ors 2014 QSC

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • July 29 2014

This case illustrates the importance of ensuring that any board delegations of authority (in this case in relation to the remuneration of executives

What are the rights of a new responsible entity under an existing managed investment scheme? Willmott Forests Ltd (Receivers & Managers appointed) (in Liquidation) v Primary Securities Ltd

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • December 18 2013

In this case, the Supreme Court of Victoria found that the fact that land was owned by the former responsible entity (RE) of a forestry scheme its

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 right of rescission be lost?: Tony Saab v Earlwood Animal Pharm Pty Limited 2014 NSWSC 436

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

This case serves as a useful reminder that a contractual right of rescission can be lost if the party seeking to rescind caused or materially

Federal Court gives broad scope to the prohibited termination benefits regime in Part 2D.2 of the Corporations Act 2001 (Cth): Queensland Mining Corporation Ltd v Renshaw 2014 FCA 365

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

This case provides some useful guidance on Part 2D.2 of the Corporations Act 2001 (Cth) in relation to termination benefits. Importantly, the Court

When will actual receipt of a notice trump deemed receipt? APN Funds v Australia Property & Anor

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • December 18 2013

The Supreme Court of Victoria-Court of Appeal found that a typical deemed receipt of notices provision in a Unit Subscription and Put Option Deed