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Results: 1-10 of 30

Supreme Court of Victoria considers grounds for oppressive conduct in Grego v Copeland & Ors
  • Gilbert + Tobin
  • Australia
  • December 14 2011

This case concerned proceedings brought by Mr Frank Grego, a shareholder of Jimmi Dexta Pty Ltd (Jimmi Dexta), against the company's other shareholders, alleging oppressive conduct under s232 of the Corporations Act 2001 (Cth


Federal Court of Australia considers the effect of an entire agreement clause on oral evidence in Prosperity Group International Pty Ltd v Queensland Communication Company Pty Ltd (No 3)
  • Gilbert + Tobin
  • Australia
  • December 14 2011

This case concerned several contracts where Clear Telecoms (Aust) Pty Ltd, Australian Equipment Rentals Pty Ltd and Quick Fund (Australia) Pty Ltd (the Respondents) had agreed to provide telecommunications services to Prosperity Group International Pty Ltd and Worldnet Corporation Limited Pty Ltd (the Applicants


Queensland Court of Appeal construes the effect of oral and written terms on a standard loan contract in Zamia Investments Pty Ltd v Mesana Pty Ltd
  • Gilbert + Tobin
  • Australia
  • December 14 2011

Zamia Investments Pty Ltd (Zamia) and Mesana Pty Ltd (Mesana) were shareholders of Mini Tankers International Pty Ltd (MTI), a holding company with shares in Mini Tankers USA Inc (MT USA) and Mini Tankers Canada Ltd (MTC


High Court of Australia considers whether a court can declare an expert determination to be non-binding in Shoalhaven City Council v Firedam Civil Engineering
  • Gilbert + Tobin
  • Australia
  • December 14 2011

In this case, the parties engaged an expert to resolve a dispute according to a term of their civil works contract


Supreme Court of NSW considers scope of shareholder power in In the matter of Winlyn Developments Pty Ltd
  • Gilbert + Tobin
  • Australia
  • December 14 2011

In this case, 2 shareholders of Winlyn Developments Pty Ltd (Winlyn), Ms Yu Wen Cao and Mr Jinbiao Zheng, convened a general meeting of the company


Supreme Court of NSW considers the exercise of a shareholder's special constitutional powers outside of a general meeting in Gerard Cassegrain & Co Pty Limited v Cassegrain
  • Gilbert + Tobin
  • Australia
  • December 14 2011

The defendant was a director of the plaintiff company, Gerard Cassegrain & Co (GC & Co). GC & Co sought an order that the defendant pay compensation for alleged breaches of his fiduciary duty as a director


Victorian Supreme Court considers whether the cancellation of minority shares was "fair and reasonable" in Elkington v CostaExchange Ltd
  • Gilbert + Tobin
  • Australia
  • December 14 2011

The plaintiff was a minority shareholder of the defendant company


Federal Government announces price of carbon and releases Clean Energy Legislative Package
  • Gilbert + Tobin
  • Australia
  • August 19 2011

According to the Government's media release dated 10 July 2011, the price of carbon will be $23 for each tonne of pollution beginning on 1 July 2012


Supreme Court of Queensland outlines the consequences of providing for a "fair market value" in relation to the valuation of joint venture interests
  • Gilbert + Tobin
  • Australia
  • August 19 2011

Vale Belvedere Pty Ltd v BD Coal Pty Ltd 2011 QSC 173 concerned a joint venture agreement between the parties, under which Vale Belvedere Pty Ltd (Vale Belvedere) had exercised an option to purchase the interests of BD Coal Pty Ltd (BD Coal


Federal Government releases draft regulations to address timeframe issues for PDS providers moving into the shorter PDS regime
  • Gilbert + Tobin
  • Australia
  • August 19 2011

The changes were previously announced by the Government on 8 June 2011, which aim to facilitate the introduction and transition to the 8 page PDS regime for regulated superannuation products and simple managed investment schemes