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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 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

Full Court of the Federal Court of Australia considers fiduciary and statutory duties owed by directors to a company in Omnilab Media Pty Limited v Digital Cinema Network Pty Ltd

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • March 22 2012

This case concerned a joint venture company, Digital Cinema Network Pty Ltd (DCN), which negotiated with film studios and cinema owners in preparing Virtual Print Fee (VPF) agreements with regards to US film studies providing financial assistance to cinema owners converting movie projections from analogue to digital

Be very cautious when in the position of a director of both parties to a contract: Agricultural Land Management Ltd v Jackson No 2 2014 WASC 102

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

This case provides a useful discussion on the duties of a person who is in the position of a director of both the vendor and the purchaser under a

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 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

Guidance on when a contractual breach will be remedied: Heugh v Central Petroleum Ltd No 5 2014 WASC 311

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

This case provides useful insight into when a serious breach of a contract will be remedied, in this case in the context of an employment contract

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
  • -
  • Australia
  • -
  • 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

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

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