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Results: 1-10 of 75

When will actual receipt of a notice trump deemed receipt? APN Funds v Australia Property & Anor
  • Gilbert + Tobin
  • Australia
  • December 18 2013

The Supreme Court of Victoria-Court of Appeal found that a typical deemed receipt of notices provision in a Unit Subscription and Put Option Deed


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


Finding a ‘fraudulent and dishonest design’ for the purpose of liability of third parties who knowingly assist in a breach of fiduciary duty: Hasler v Singtel Optus Pty Ltd; Curtis v Singtel Optus Pty Ltd; Singtel Optus Pty Ltd v Almad Pty Ltd 2014 NSWCA 266
  • Gilbert + Tobin
  • Australia
  • October 3 2014

There have been inconsistent formulations of the "dishonest and fraudulent design" element of the second limb of Barnes v Addy since the Court of


When will a dividend be mandatory?: Wambo Coal Pty Ltd v Sumiseki Materials Co Ltd 2014 NSWCA 326
  • Gilbert + Tobin
  • Australia
  • November 18 2014

This case illustrates that whether a dividend is mandatory depends on the true construction of the relevant provisions (in this case in the company's


Can a deed be binding without the signature of all parties?: Pratap v Permanent Custodians Limited 2013 NSWSC 1918
  • Gilbert + Tobin
  • Australia
  • February 25 2014

This case serves as a useful reminder that once a party has signed, sealed and delivered a deed (other than a guarantee), it becomes binding on that


Be very cautious when in the position of a director of both parties to a contract: Agricultural Land Management Ltd v Jackson No 2 2014 WASC 102
  • Gilbert + Tobin
  • Australia
  • May 28 2014

This case provides a useful discussion on the duties of a person who is in the position of a director of both the vendor and the purchaser under a


When will an “in principle” settlement agreement be enforceable? Sayed v National Australia Bank Limited
  • Gilbert + Tobin
  • Australia
  • October 24 2013

An "in principle" settlement agreement which was expressed to be "binding but subject to formal deed that will contain further terms not


Defective substantial shareholder notices found to be unacceptable by the Takeovers Panel in Northern Iron Limited 2014 ATP 11
  • Gilbert + Tobin
  • Australia
  • July 29 2014

This decision by the Takeovers Panel illustrates the importance of sufficient and timely disclosure in substantial shareholder notices of the


When will a contract by frustrated for illegality?: PT Arutmin Indonesia v PT Thiess Contractors Indonesia 2013 QSC 332
  • Gilbert + Tobin
  • Australia
  • February 25 2014

The Supreme Court of Queensland refused to find that changes in the law which affected a company's ability to engage a contractor or changes to the


The implied duty to co-operate does not extend to being ‘nice’: Wolfe v Permanent Custodians 2013 VSCA 331
  • Gilbert + Tobin
  • Australia
  • February 25 2014

A failure to make extensive efforts to contact a defaulting borrower whose direct debit form had been incorrectly completed was neither unjust