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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


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


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


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


Queensland Court of Appeal construes the effect of oral and written terms on a standard loan contract in Zamia Investments Pty Ltd v Mesana Pty Ltd
  • Gilbert + Tobin
  • Australia
  • December 14 2011

Zamia Investments Pty Ltd (Zamia) and Mesana Pty Ltd (Mesana) were shareholders of Mini Tankers International Pty Ltd (MTI), a holding company with shares in Mini Tankers USA Inc (MT USA) and Mini Tankers Canada Ltd (MTC


High Court of Australia considers whether a court can declare an expert determination to be non-binding in Shoalhaven City Council v Firedam Civil Engineering
  • Gilbert + Tobin
  • Australia
  • December 14 2011

In this case, the parties engaged an expert to resolve a dispute according to a term of their civil works contract


Supreme Court of NSW considers the exercise of a shareholder's special constitutional powers outside of a general meeting in Gerard Cassegrain & Co Pty Limited v Cassegrain
  • Gilbert + Tobin
  • Australia
  • December 14 2011

The defendant was a director of the plaintiff company, Gerard Cassegrain & Co (GC & Co). GC & Co sought an order that the defendant pay compensation for alleged breaches of his fiduciary duty as a director


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


Further reforms to executive remuneration laws announced
  • Gilbert + Tobin
  • Australia
  • March 22 2012

Following recommendations made by the Corporations and Markets Advisory Committee, the Government has announced that it will amend the Corporations Act 2001 (Cth) in order to improve disclosure in executive remuneration reports