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Results: 1-10 of 137

The cancelled bank guarantee that could still be cashed

  • Norton Rose Australia
  • -
  • Australia
  • -
  • May 9 2013

A recent case from New South Wales in which the Court of Appeal determined that a facsimile copy of a bank guarantee that had purportedly been

High court decision widens application of proportionate liability legislation

  • Piper Alderman
  • -
  • Australia
  • -
  • May 1 2013

In the case of Hunt & Hunt Lawyers v Mitchell Nominees Pty Ltd 2013 HCA 10, the majority of the High Court strengthened the ability of defendants

Supreme Court of New South Wales considers estoppel by deed in Labracon Pty Ltd v Cuturich & Anor

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • April 29 2013

An assignee of the rights under a loan agreement succeeded in enforcing the loan against the borrower on the basis of estoppel by deed. In reaching

Misleading and deceptive conduct: be wary of the silences - limited protection for commercial parties under the ACL

  • Herbert Geer
  • -
  • Australia
  • -
  • April 18 2013

There is a prohibition against misleading or deceptive conduct in trade or commerce under section 18 of the Australian Consumer Law (ACL) (the

Dangers of delaying sale of mortgaged property

  • Buddle Findlay
  • -
  • Australia
  • -
  • April 17 2013

The recent Supreme Court of New South Wales case of Commonwealth Bank of Australia v Thompson illustrates the dangers of a mortgagee in possession

Supreme Court of Victoria confirms lessors’ broad discretion to call on bank guarantees

  • Holding Redlich
  • -
  • Australia
  • -
  • April 10 2013

In the recent decision of Other Group Pty Ltd v Wylaars & Anor 2013 VSC 98 the Supreme Court of Victoria confirmed that a lessor has an almost

ALYK (H.K) Limited v Caprock Commodities Trading Pty Limited and Anor 2012 NSWSC 1558

  • King & Wood Mallesons
  • -
  • Australia
  • -
  • April 10 2013

In this case, Slattery J considered whether a buyer of commodities could restrain a seller from making demand under an unconditional standby letter

High Court further clarifies concurrent wrongdoing and the applicability of proportionate liability to damages awards

  • Gadens Lawyers
  • -
  • Australia
  • -
  • April 9 2013

Following on from our article sent earlier this week ("Apportionment of loss following fraud on the lender") we write to report on the recent High

Common sense prevails in proportionate liability decisions

  • Piper Alderman
  • -
  • Australia
  • -
  • April 9 2013

The High Court and the NSW Court of Appeal have recently provided much needed clarification about the proportionate liability regime in the NSW Civil

Apportionment of loss following fraud on the lender

  • Gadens Lawyers
  • -
  • Australia
  • -
  • April 8 2013

Lending to customers introduced by intermediaries has its particular risks. One of these is that the process is susceptible to identity fraud - due