Mining rights for Isabel nickel – Solomon Islands Court of Appeal hands down judgment
Scott McLeod KC, Steven Forrest, James Green — Appellate, Judicial Review & Administrative, Resources & Energy
Scott McLeod, Steven Forrest and James Green (led by Gibson QC) acted for SMM Solomon Limited, a subsidiary of Japanese miner Sumitomo Metal Mining Co Ltd, in relation to an important matter in the Solomon Islands Court of Appeal concerning the validity of various mineral rights granted pursuant to an…
High Court decides when liquidator’s retention obligation arises
Shane Doyle KC, Michael Trim — Appellate, Corporate Insolvency & Bankruptcy, Tax
Today the High Court, by majority, has dismissed an appeal by the Commissioner of Taxation in Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) [2015] HCA 48. The dispute concerned whether the retention obligation in s 254(1)(d) of the Income Tax Assessment Act 1936 (Cth) only arises after the making of an…
Shane Doyle KC — Appellate, Professional Negligence
Justices Kiefel and Keane today refused special leave to appeal the decision of the Queensland Court of Appeal in Mules v Ferguson [2015] QCA 5. The case concerned the liability of a general practitioner for failing to refer a patient who was suffering neck stiffness to a specialist. The patient…
Decision that factual matters can found a defence to a claim by QBCC under ss71(1) and 111C of the Queensland Building and Construction Commission Act 1991 for recovery of a payment made under the statutory insurance scheme
Damian Clothier KC — Appellate, Building & Construction
The appellants were directors of a building company which was engaged to build two new residential dwellings at St Lucia for the owner in November 2006. The contract was terminated after relations between the parties soured and the dwellings were left incomplete with some work defective. The owner made a…
Court of Appeal success for Damian Clothier QC and Christopher Johnstone
Damian Clothier KC, Christopher Johnstone — Appellate, Commercial Equity
In Canehire Pty Ltd & Anor v Themis Holdings Pty Ltd [2014] QCA 296 the Queensland Court of Appeal dismissed an appeal by Canehire Pty Ltd (the former trustee of the Holzapfel Family Trust) and its director Philip Ham from a decision by Philippides J who found after a 10…
