1-10-21 / Damian Clothier KC, Matthew Hickey OAM KC — Contract, Land Law & Property, Commercial Equity
A dispute arose between parties to a deed of agreement, as to whether the deed required a payment for the release of mortgages to be made by bank cheque, and if so whether the mortgagee was entitled to exercise its power of sale because the deed had been breached (the…
An interlocutory application primarily regarding the parameters of discovery to be produced. In the substantive matter orders are sought that the first defendant be wound up on the grounds of oppression or on just and equitable grounds or alternatively orders pursuant to s 233(1) of the Corporations Act 2001 (Cth)…
LWB QLD SBB Limited v State of Queensland [2021] NSWSC 462
4-5-21 / Matthew Hickey OAM KC, Sophie Gibson — Commercial Equity, Contract
This case concerned the construction of a dispute resolution clause in an agreement for the undertaking of a "social benefit bond", to which the State of Queensland is a party. Against the background of a dispute which has arisen between the parties, the question for the New South Wales Supreme…
1-2-21 / David Chesterman KC — Commercial Equity, Contract, Land Law & Property
An application to strike out certain paragraphs of an Amended Statement of Claim pursuant to r 179(1)(b) of the Uniform Civil Procedure Rules 1999. The basis of the application was that the paragraphs failed to plead the necessary facts in support of the conclusion of law about a joint endeavour…
18-12-20 / Michael May — Corporations, Commercial Equity
An application by the plaintiff for summary judgement on its claim, on the basis that the defendant had no real prospect of successfully defending that claim. The plaintiff is a property development company suing one of its former directors for alleged breach of fiduciary duties in acquiring land arising from…
