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Results: 1-10 of 64

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

Who can get damages under section 233 of the Corporations Act 2001 (Cth)? LPD Holdings (Aust) Pty Ltd v Phillips, Hickey and Toigo & Anor

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

This case illustrates that while it is open for shareholders to seek compensation for oppressive or unfair conduct under section 233 of the

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 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

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 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

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

Disqualification of directors - ignorance is not bliss: Gabay and Anor and Australian Securities and Investments Commission 2014 AATA 425s

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • August 26 2014

In this case, the Administrative Appeals Tribunal upheld ASIC's 1 year disqualification period for one director (and extended the period to 18 months

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 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