29 Jun 2018
No binding contract was formed because the Corrick Group's written offer required acceptance in a prescribed form (signatures by the Management Group as vendors) which did not occur; although the Management Group acted as agents, their communications did not effect the required acceptance, so related claims failed and the costs increase was not justified.
9 Dec 2009
The application was dismissed because the applicant failed to discharge the onus of proving an arguable and quantified counterclaim meeting the statutory threshold under s290(4)(b), and failed to demonstrate sufficiently compelling 'other grounds' under s290(4)(c); an unquantified allegation of loss and commercial indulgence by the creditor did not justify setting aside the statutory demand.
19 Dec 2008
The Court upheld the High Court refusal of interim orders because the interlocutory issues could not sensibly be resolved at this stage, there was significant evidence some product in the market was not true to label and consumer interests weighed against injunctive relief, and Watson failed to produce evidence it could meet an undertaking as to damages, so the balance of convenience favoured AMHA.