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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


Disqualification of directors - ignorance is not bliss: Gabay and Anor and Australian Securities and Investments Commission 2014 AATA 425s
  • Gilbert + Tobin
  • Australia
  • August 26 2014

In this case, the Administrative Appeals Tribunal upheld ASIC's 1 year disqualification period for one director (and extended the period to 18 months


When will a dividend be mandatory?: Wambo Coal Pty Ltd v Sumiseki Materials Co Ltd 2014 NSWCA 326
  • Gilbert + Tobin
  • Australia
  • November 18 2014

This case illustrates that whether a dividend is mandatory depends on the true construction of the relevant provisions (in this case in the company's


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


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


When will a right of rescission be lost?: Tony Saab v Earlwood Animal Pharm Pty Limited 2014 NSWSC 436
  • Gilbert + Tobin
  • Australia
  • May 28 2014

This case serves as a useful reminder that a contractual right of rescission can be lost if the party seeking to rescind caused or materially


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


It takes more than a “polite enquiry” by email to form an offer to contract: Mark Anthony productions (NSW) Pty Ltd v The University of Sydney Union 2014 NSWSC 120
  • Gilbert + Tobin
  • Australia
  • March 24 2014

An email by an existing licensee to the licensor asking whether it would be 'stretching the friendship" to ask for a new licence for a further term


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


Creditors’ schemes in the hot seat: the Nine Creditors’ Scheme of Arrangement
  • Gilbert + Tobin
  • Australia
  • February 28 2013

On 29 January 2013, the Federal Court of Australia made orders approving the creditors’ scheme of arrangement between Nine Entertainment Group Pty