14 Oct 2020
Associate Judge Smith found Ballan breached duties and misapplied grant funds: liability established for misapplication and breaches of ss 131, 133, 136 and 137; causation of loss to the company established; quantification and discretionary relief under s 301 are matters for trial; s 135 claim may be arguable and is left to proceed.
15 Feb 2019
Although the plaintiffs met the impecuniosity threshold for security for costs, the Court exercised its discretion to dismiss the application because the plaintiffs have a reasonably arguable cause of action under the Fair Trading Act based on an uncontradicted alleged oral representation by the agent; ordering security would likely deny access to the courts where the claim is not without merit.
6 Jun 2017
The court held that counsel (Holgate) breached his duty by advancing and maintaining serious mistreatment allegations in opposition to the removal application without a reasonable evidential foundation and without adequate advice on the high risk (including indemnity costs), causing the trustees to incur indemnity costs of $63,950 and modest general damages; the solicitor (Swanepoel) did not breach his duty given instructions received and reliance on counsel and client choices.