23 Dec 2020
The Declaration of trust created a sufficiently arguable equitable interest in favour of THL (a bare trust) to support the caveat and the respondents failed to show that allowing the caveat to lapse would not prejudice THL's legitimate interests; accordingly the court exercised its discretion to refuse to allow the caveat to lapse.
7 May 2018
The application for interim injunction was dismissed because the balance of convenience and overall justice favoured Autumn Tree: Hinton J's findings (based on the Companies Register and surrounding circumstances) remained persuasive, Bishop Warden delayed and took inconsistent steps, damages were likely an adequate remedy supported by undertakings and available valuation evidence, and restraining Autumn Tree would unjustly inhibit diligent development and disposal of its property pending the Court of Appeal.
10 Jun 2015
On the facts the Courts below found substantial indebtedness from Watt group companies to Mrs Monk, the $500,000 payment was authorised by the company's sole director acting within his authority and was not shown to be a material mistake or paid in bad faith, the claim failed on its merits and was statute-barred under the Limitation Act; further evidence was not fresh and would not have changed the outcome, so leave to appeal was refused.
24 Apr 2009
The application was granted because there was an arguable and substantial dispute whether the debt had been extinguished by novation: evidence established that Jireh and TTG intended TTG to assume the debt and it is at least arguable that Mr Yuan, referred to as managing director, had implied authority to agree to the novation; there was no evidence that Jireh or TTG knew of any restriction requiring two directors, and novation provides its own consideration, therefore the statutory demand should be set aside.
21 Apr 2008
The Guarantee Agreement was enforceable as a contract supported by consideration such that s 180(1)(b) applied; Mr Anderson had actual authority (and shareholders had concurred) to bind the company; consequently there was no substantial dispute as to liability and the application to set aside the statutory demand fails.