CORPORATIONS – Membership, rights and remedies – Members’ remedies and internal disputes – Meetings – Calling of extraordinary general meeting chaired by independent Court-appointed chairman. Unled. I acted for a shareholder of a public company that was part of a group that had convened an extraordinary general meeting under s 249F.
Denning Real Estate Pty Ltd v XR Property Developments Pty Ltd [2016] NSWCA 286 (19 October 2016)
APPEAL – leave to appeal – subject matter confined to costs – applicable test. Unled acting for the successful Respondent in opposing the grant of leave to appeal.
In the matter of Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liquidation) [2016] NSWSC 575 (6 May 2016)
PROCEDURE — Costs — Order sought for costs on indemnity basis — where Plaintiffs’ sought indemnity costs on basis of unsuccessful Defendant’s rejection of offer of compromise or under Calderbank principles – where Plaintiffs’ offer included an amount as to costs – whether offer of compromise is valid where it included amount as to costs – whether Plaintiffs’ offer warrants indemnity costs under Calderbank principles – whether r 42.34 of the Uniform Civil Procedure Rules 2005 (NSW) has consequence that Plaintiffs should not be awarded costs.
XR Property Developments Pty Limited v Denning Real Estate Pty Limited (No 2) [2016] NSWSC 556 (5 May 2016)
Encroachment of Buildings Act 1922 (NSW) - determination of compensation and costs.
In the matter of Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liquidation) [2016] NSWSC 428 (14 April 2016)
CORPORATIONS — Voidable transactions — Unfair preferences - Application for orders under s 588FF of the Corporations Act 2001 (Cth) – where Defendant relied on defence under s 588FG(2) of the Corporations Act 2001 (Cth) – whether defence under s 588FG(2) of the Corporations Act 2001 (Cth) is established.
Hutley v Cosco [2016] NSWLEC 15 (10 March 2016)
CONTEMPT – plea of guilty to civil contempt – contempt unintentional – work to purge contempt completed in course of extended sentencing hearing – Applicants’ costs payable on usual basis.
XR Property Developments Pty Limited v Denning Real Estate Pty Limited [2015] NSWSC 1937
Encroachment of Buildings Act claim. Led by Justin Doyle. Whether encroachment constitutes trespass or nuisance – Issue as to when the encroachment should be removed
Preliminary discovery against Google
In October 2015, I acted for a business that had been the subject of an adverse anonymous review on Google. I advised on the settling of the application for preliminary discovery and the affidavit in support, and then appeared at the return of the Summons where an order for preliminary discovery was made.
Chen v Liu [2015] NSWSC 161
Unled - Corporations Act 2001 – section 1322(4) orders – where association incorporated under the Associations Incorporation Act 2009 (NSW) – where association at deadlock between two factions vying for control – where neither side’s evidence satisfactory – orders on the just and equitable ground – where each faction seeks relief under section 1322(4) – whether relief to be granted on condition that the association hold an extraordinary general meeting for the purpose of electing the committee and its office bearers – costs – whether parties entitled to recoup legal costs from accounts of the association, applicability of Corporations Act 2001 to associations –fiduciary duties of office bearers – whether expending association funds on litigation to determine control of the association amounts to breach of fiduciary duties.