Results 6 to 10 of 16

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…

Luke Dominish, Andrew Lacey, Chiara Rawlins

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…

Luke Dominish, Andrew Lacey, Chiara Rawlins

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…

Foez Dewan

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…

Chiara Rawlins

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…

Foez Dewan