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Results: 1-10 of 20

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


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 NSW considers scope of shareholder power in In the matter of Winlyn Developments Pty Ltd
  • Gilbert + Tobin
  • Australia
  • December 14 2011

In this case, 2 shareholders of Winlyn Developments Pty Ltd (Winlyn), Ms Yu Wen Cao and Mr Jinbiao Zheng, convened a general meeting of the company


COAG sets out a new milestone for national reform of directors' liability
  • Gilbert + Tobin
  • Australia
  • September 22 2011

Currently, directors and officers are subject to various Federal, State and Territory laws governing directors' liability


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


ASIC releases information sheet on voting on the remuneration report resolution
  • Gilbert + Tobin
  • Australia
  • September 22 2011

ASIC released an information sheet to provide options for listed companies to consider when complying with the current rules introduced by the Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011 (Cth) until amending legislation is introduced to address a legislative oversight


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


Treasury releases proposed directors' liability reforms for public consultation
  • Gilbert + Tobin
  • Australia
  • March 22 2012

On 27 January 2012, the Treasury released an exposure draft of the Personal Liability for Corporate Fault Reform Bill 2012