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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


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


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


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


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


When will the time for payment be essential?: Liang Zhen Lin v BHW Capital Pty Ltd & Anor 2013 NSWSC 1786
  • Gilbert + Tobin
  • Australia
  • February 25 2014

This case illustrates the willingness of the Courts to imply a term that the time for payment is essential in circumstances where the timing was


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


How to inadvertently resign as a director an ASIC Form 484 can be paramount: Essendon Apartment Development Pty Ltd v Shaw & Ors 2014 VSC 74
  • Gilbert + Tobin
  • Australia
  • April 28 2014

A lack of formality in relation to a change of directorship (and associated share transfer) did not persuade the Court to invalidate the actions


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