Guy Lewis
McCabe Curwood
Articles
You can’t have your contract and eat it: electing not to terminate
Australia - July 31 2019 A party to a contract may be precluded from enforcing a contractual right if it has acted in a way that is clearly inconsistent with that right. This…
The concept of reasonable time in contract law: the Court of Appeal resets the clock in Donau v ASC
Australia - July 30 2019 It is trite to say that a contract sets out various rights and obligations that the parties to it have. Generally, contracts will specify when these…
You snooze, you lose - Court refuses to reinstate former directors when winding up almost complete
Australia - December 19 2018 In a recent case, Emmett AJA of the Supreme Court of New South Wales refused to make an order to terminate the winding up of an incorporated…
Abandoned claims and sunk costs: Apportioning costs to reflect ‘wins’ and ‘loses’ in litigation
Australia - November 19 2018 The decision in Donau Pty Limited (formerly Forgacs Engineering Pty Ltd) v ASC AWD Shipbuilder Pty Limited (No 2) [2018] NSWSC 1589 (Donau v ASC) is…
Respond to creditors’ demands, stat!
Australia - September 20 2018 A company’s non-compliance with a statutory demand is the most common method of proving its insolvency in any winding up proceedings. Generally, if it…
