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Civil procedure

Liprini v Thirdi William Street Pty Ltd

The Supreme Court of NSW approved settlement of part of representative proceedings about alleged defective work in a Sydney development and approved the distribution scheme and deductions.

  • Representative proceedings
  • Court approval of settlement
  • Settlement distribution scheme
  • Costs
  • Suppression and non-publication orders
  • Opt-out group members
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Equity

Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust) & Temujin Services Limited v Emmott – Final

Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust) & Temujin Services Limited v Emmott – Final [2024] NSWSC 1489

The Court refused an adjournment, found the plaintiff’s non-compliance unjustified, and held there was no evidence that Emmott had entered any partnership.

  • Adjournment applications
  • Existence of partnership
  • Civil procedure
  • Case management
  • Bankruptcy proceedings
  • Compliance with court orders
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Corporations

Walley, in the matter of PGP Group (Aust) Pty Ltd

Walley, in the matter of PGP Group (Aust) Pty Ltd [2023] FCA 1554

The Federal Court made urgent administration orders allowing PGP Group’s administrators to keep pre-appointment payroll practices, limit personal liability, and use a financing facility.

  • Voluntary administration
  • Administrator liability
  • Payroll practices
  • Financing facility
  • Procedural directions
  • Voluntary-administration
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Equity

Hudson Resources Limited v AceA Resources Pte Ltd

Hudson Resources Limited v AceA Resources Pte Ltd [2021] NSWSC 41

The Supreme Court of New South Wales ordered Hudson Resources to pay the defendants’ costs on an indemnity basis after finding the claim hopeless.

  • Costs
  • Indemnity costs
  • No reasonable prospects of success
  • Offer of compromise
  • Indemnity-costs
  • Offer-of-compromise
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Equity

Moriah War Memorial College v Nosti

Moriah War Memorial College v Nosti [2020] NSWSC 603

The Supreme Court of New South Wales varied a freezing order to raise the second defendant’s permitted legal खर्चs from $50,000 to $200,000.

  • Freezing order
  • Legal costs
  • Interlocutory applications
  • Freezing-orders
  • Legal-costs
  • Interlocutory-applications
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Civil procedure

Aligned Investment Management v Aligned FM

Aligned Investment Management v Aligned FM [2018] NSWSC 1852

The NSW Supreme Court held its security-for-costs jurisdiction was enlivened, but refused to order security because it would have little practical effect.

  • Security for costs
  • Trustee indemnity
  • Shareholder disputes
  • Oppression proceedings
  • Security-for-costs
  • Trustee-indemnity
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Residential tenancies

Abdel-Messih v Marshall

Abdel-Messih v Marshall [2017] NSWCATAP 136

The Appeal Panel dismissed a tenant’s appeal over a subtenancy abandonment dispute, holding that s 107 of the Residential Tenancies Act 2010 gave a discretion not to award a break fee.

  • Abandonment
  • Break fee
  • Compensation for loss
  • Landlord and tenant
  • Residential-tenancies
  • Break-fee
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Equity

Singtel Optus Pty Limited & Ors v Almad Pty Limited & Ors

Singtel Optus Pty Limited & Ors v Almad Pty Limited & Ors [2011] NSWSC 492

The court set aside ex parte search orders after finding material non-disclosure, holding the plaintiffs had omitted cooperative conduct and other relevant background.

  • Search orders
  • Ex parte procedure
  • Material non-disclosure
  • Breach of contract
  • Trade practices act
  • Fiduciary duties
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Contract

Centennial Coal Company Ltd v Xstrata Coal Pty Ltd

Centennial Coal Company Ltd v Xstrata Coal Pty Ltd [2009] NSWSC 788

The court held that obligations to use all reasonable endeavours to transfer NCIG interests remained ongoing, and dismissed the summons with costs.

  • Obligation to use "all reasonable endeavours"
  • Novation and transfer of contractual rights
  • Share transfer subject to pre-emptive rights
  • Declaratory relief
  • Interpretation of limitation clauses
  • Ongoing contractual obligations
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.