LPD Holdings (Aust) Pty Ltd v Russells [2017] QSC 45 Flanagan J The respondent/applicant (Russells) sought, inter alia, dismissal of the applicant/respondent’s (LPD) proceedings pursuant to r 658 of the Uniform Civil Procedure Rules 1999 (Qld) (the “UCPR”) or the inherent jurisdiction of the Court. The Russells sought summary judgement pursuant to r 293 of...Read More
Port Ballidu Pty Ltd v Frews Lawyers & Ors [2017] QSC 19 Applegarth J The application for summary judgment raised whether in equity the limitation period had also expired by reference to analogous statutory period. Background In 2006 one of the plaintiff’s then directors mortgaged the plaintiff’s land in favour of J Wright Enterprises Pty...Read More
Gallagher v McClintock & Ors [2013] QSC 292 CATCHWORDS: EQUITY – EQUITABLE REMEDIES – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – where the applicant was a member of a church – where the applicant distributed unauthorized material during church service – where the Church Board refused the applicant entry to the church –...Read More
Herrod v Johnston [2012] QCA 360 CATCHWORDS: CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where parties to the proceedings are siblings and deceased was their father – where deceased in a cattle property partnership with first and second defendants – where deceased‘s...Read More
Virginia Nemeth (by her tutor) v Australian Litigation Funders Pty Ltd and Ors [2013] NSWSC 529 Judge Sackar J Decision See paragraph [328]. Catchwords CONTRACTS – heads of agreement – whether binding arrangement – use of extrinsic evidence in determining formation of contract – construction of contracts – use of extrinsic evidence in construction...Read More
Author Stuart Kollmorgen Introduction Parental leave pay at lower cost to the employer? Leave for Dads and Partners Do entitlements under your policies provide for fixed term employees? Replacement employees What should employers do? View all pages View individual pages Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and...Read More
Streeter v Western Areas Exploration Pty Ltd [No 2] [2011] WASCA 17 The fiduciary duties of directors are comprehensively reviewed by the WA Court of Appeal. I refer to the judgment of Murphy JA at paragraphs 364 – 454. Brisbane Barrister – David CormackRead More
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