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Results: 11-20 of 21

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


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


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


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


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


Kathy Zgouras
  • Gilbert + Tobin