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Results: 1-10 of 75

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


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


When will a restraint of trade clause in a business sale be reasonable?: RPR Maintenance Pty Ltd v Marmax Investments Pty Ltd 2014 FCA 409
  • Gilbert + Tobin
  • Australia
  • June 24 2014

This case provides a useful summary and analysis of the factors that a court will consider when deciding whether a restraint in a sale of business


Supreme Court of New South Wales considers repudiation of a loan facility and the appropriateness of advertising as a mortgagee sale in Commonwealth Bank of Australia v Geoffrey Anthony Shannon
  • Gilbert + Tobin
  • Australia
  • September 19 2013

This case provides a useful discussion on the law of repudiation (in the context of a loan facility) and emphasises that even where there is


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


Full Court of the Federal Court of Australia considers fiduciary and statutory duties owed by directors to a company in Omnilab Media Pty Limited v Digital Cinema Network Pty Ltd
  • Gilbert + Tobin
  • Australia
  • March 22 2012

This case concerned a joint venture company, Digital Cinema Network Pty Ltd (DCN), which negotiated with film studios and cinema owners in preparing Virtual Print Fee (VPF) agreements with regards to US film studies providing financial assistance to cinema owners converting movie projections from analogue to digital


Can you agree to reverse the onus of proof for proving information is not confidential?: Pet Tech Pty Ltd v Batson 2013 NSWSC 1954
  • Gilbert + Tobin
  • Australia
  • February 25 2014

While a clause which sought to shift the burden for proving that information is not confidential from the discloser to the recipient came very close


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


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


Federal Court cancels shares for non-disclosure of beneficial ownership in a company in financial strife: Australian Securities & Investment Commission v Craigside Company Limited (No 2) 2014 FCA 371
  • Gilbert + Tobin
  • Australia
  • May 28 2014

As part of its continuing focus on maintaining fair and efficient financial markets in Australia, ASIC has taken action against an offshore investor