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Results: 1-10 of 75

When will appointment of voluntary administrators constitute oppressive conduct? Ubertini v Saeco International Group Spa (No 4) 2014 VSC 47
  • Gilbert + Tobin
  • Australia
  • April 28 2014

The Court found that the appointment of voluntary administrators to a company constituted oppressive conduct under section 232 of the Corporations


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


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


Creditors’ schemes in the hot seat: the Nine Creditors’ Scheme of Arrangement
  • Gilbert + Tobin
  • Australia
  • February 28 2013

On 29 January 2013, the Federal Court of Australia made orders approving the creditors’ scheme of arrangement between Nine Entertainment Group Pty


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


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


An entitlement to rely on the statutory due execution assumptions does not confer proprietary rights good against third parties: Esperance Cattle Company Pty Ltd v Granite Hill Pty Ltd 2014 WASC 279
  • Gilbert + Tobin
  • Australia
  • October 3 2014

A sublessee was entitled to rely on the assumption of due execution under section 129(5) of the Corporations Act 2001 (Cth) in respect of a sublease


Supreme Court of Victoria considers whether a shareholders agreement was effective as a resolution to amend a constitution in Re Rectron Electronics Pty Ltd
  • Gilbert + Tobin
  • Australia
  • September 19 2013

The Supreme Court of Victoria upheld the resolutions passed at a directors' meeting conducted on the footpath outside the company's office after the


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


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