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Commercial Law
Allens Arthur Robinson The United States Supreme Court has overturned more than 40 years of jurisprudence of US federal courts by ruling that plaintiffs may only pursue claims alleging securities fraud under the US Securities Exchange Act of 1934 in relation to the sale or purchase of shares in the US or of securities listed...
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Jiona Investments Pty Ltd & Ors v Medihelp General Practice Pty Limited [2010] QCA 99 Judgment was at first instance entered against the appellant for $1.2 million and costs of $407,378.47; having failed to enter a defence to third party proceedings based on an indemnity. The failure to enter a defence was pivotal in the...
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Piatek v Piatek and Another; Piatek v Piatek [2010] QSC 122 His Honour Daubney J in an extempore judgment dismissed the application to withdraw or have the Notices to Admit dismissed. It is a reminder of the importance of considering Notices to Admit carefully. His Honour applied the seminal decisions of Rigato Farms Pty Ltd...
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 PAJ v AAK [2010] QCA 78   Whilst the decision is primarily concerned with the repealed Criminal Offence Victims Act 1995 (Qld), and in particular additional compensation under Regulation 1A; the President, with whom their Honours Muir and Chesterman JJA agreed,  provides guidance in respect of when affidavit may be relied upon by the court. ...
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Hanson Construction Materials P/L v Norlis & Ors [2010] QSC 34 Her Honour Wilson found the holding defence prepared and filed by a very inexperienced solicitor in the terms below did not discharge the requirements of rule 166 of the Uniform Civil Procedure Rules (“UCPR”): [5] On 19 August 2009 the second and third defendants...
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   Thiess P/L v FLSMIDTH Minerals P/L [2010] QSC 006   Rectification – where the Deed has an effect which is not the result of deliberately chosen words His Honour McMurdo J aptly put the question to be resolved at paragraph [90] after a detailed examination of the dealings between the parties and in particular...
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 Vella & Anor v Gustafson & Ors [2009] QSC 424   Martin J entered judgment against the first Defendant Stephen Gustafson as solicitor for the plaintiffs in respect of failed loan agreement.   The facts centred on Mr Vincent who was described by his Honour as a rogue devising a scheme whereby he facilitated the...
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St George Bank Limited v Wright & Ors [2009] QSC 337 Justice McMurdo entered summary judgment in the amount of $47,763,997.46, in respect of an application brought by St George Bank Limited on guarantees and indemnities given. The defence in part was that the second tranche of the advance had not been made and accordingly the agreement not...
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The need for certainty and a concluded and executed Deed of Settlement was highlighted recently by the decision in Worldwide Timber Traders Pty Ltd (ABN 93 009 384) v Brouwer (No 2) [2009] FCA 447. Brisbane Barrister David Cormack
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