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Results: 1-10 of 17

Supreme Court of Victoria finds total failure of consideration in JD No 6 (Dava) Pty Ltd & anor v P Battlay Holdings Pty Ltd & anor
  • Gilbert + Tobin
  • Australia
  • September 22 2011

This case concerned an agreement between the parties under which P Battlay Holdings Pty Ltd (PHB) granted JD No 6 (Dava) Pty Ltd (JD) an option to purchase one of PHB's properties


NSW Court of Appeal considers the scope of a vendor's warranty in a business sale in Aysun Pty Ltd v Cregan
  • Gilbert + Tobin
  • Australia
  • September 22 2011

This case arose from the Cregans' sale of their hotel business to Aysun Pty Ltd (Aysun


Federal Court considers request for inspection of company books in Hanks v Admiralty Resources NL
  • Gilbert + Tobin
  • Australia
  • September 22 2011

In this case, the plaintiff was a minority shareholder who held 0.00005 of the issued capital in Admiralty Resources NL (Admiralty


Supreme Court of NSW considers shareholders' rights upon entering into share surrender agreements in McLaughlin v Dungowan Manly Pty Ltd (No 3)
  • Gilbert + Tobin
  • Australia
  • September 22 2011

This case concerns a long-running dispute between the parties which began in 2006


NSW Court of Appeal considers the contractual meaning of a "reasonable commercial endeavours" clause in Cypjayne Pty Limited v Babcock & Brown International Pty Ltd
  • Gilbert + Tobin
  • Australia
  • August 19 2011

The appeal concerned a contract whereby Blue Hills Village Management (Liverpool) Pty Ltd (BHVML) had agreed to sell Allocated Places in its aged care facility to CAGCare Pty Ltd (CAGCare


Supreme Court of Queensland outlines the consequences of providing for a "fair market value" in relation to the valuation of joint venture interests
  • Gilbert + Tobin
  • Australia
  • August 19 2011

Vale Belvedere Pty Ltd v BD Coal Pty Ltd 2011 QSC 173 concerned a joint venture agreement between the parties, under which Vale Belvedere Pty Ltd (Vale Belvedere) had exercised an option to purchase the interests of BD Coal Pty Ltd (BD Coal


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


Supreme Court of NSW considers scope of a vendor's obligation to do "all things necessary" in SWM Financial Services Pty Ltd v Lloyd
  • Gilbert + Tobin
  • Australia
  • March 22 2012

This case concerned a contract for the sale of an accounting business by Mr Lloyd and Ms Wu (the vendors) to SWM Financial Services Pty Ltd (the purchasers


Victorian Supreme Court considers whether the cancellation of minority shares was "fair and reasonable" in Elkington v CostaExchange Ltd
  • Gilbert + Tobin
  • Australia
  • December 14 2011

The plaintiff was a minority shareholder of the defendant company


Supreme Court of Victoria considers grounds for oppressive conduct in Grego v Copeland & Ors
  • Gilbert + Tobin
  • Australia
  • December 14 2011

This case concerned proceedings brought by Mr Frank Grego, a shareholder of Jimmi Dexta Pty Ltd (Jimmi Dexta), against the company's other shareholders, alleging oppressive conduct under s232 of the Corporations Act 2001 (Cth