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Results: 1-10 of 73

What factors show there is a concluded and binding agreement?: Absolute Analogue Inc v Sundance resources Ltd No 3 2014 WASC 283

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

This case provides some useful insight into the factors a court will consider when determining whether a concluded and binding agreement has arisen

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

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

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 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

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

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

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 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

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