03 November 2011

NSW CA on “legitimate expectation” and relevance of a purchase offer in the context of oppression proceedings

›
Overview The decision of the NSW Court of Appeal in Tomanovic v Global Mortgage Equity Corporation Pty Ltd [2011] NSWCA 104 is a hel...
2 comments:
28 October 2011

Meaning of “rights” of members of a managed investment scheme

›
In Re Centro Retail Limited and Centro MCS Manager Limited [2011] NSWSC 1175, Barrett J had to consider the operation of s 601GC(1) ...
12 August 2010

The Prudential principle and reflective losses

›
The principle established by the Court of Appeal in Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) [1982] Ch 204 is that a share...

Three recent decisions on the statutory derivative action

›
The three cases are Wood v Links Golf Tasmania Pty Ltd [2010] FCA 570 , Fehring v Brighter Directions Pty Ltd [2010] VSC 287 and Vinciguer...
03 December 2009

Director excused from liability for insolvent trading

›
Summary McLellan, in the matter of The Stake Man Pty Ltd v Carroll [2009] FCA 1415 concerned liability for insolvent trading under s 588G...
23 October 2009

Public and private enforcement of disclosure breaches in Australia

›
In an article published this week in the Journal of Corporate Law Studies , (2009) 9 JCLS 409, I discuss the remedies that are available for...
21 October 2009

Diversion of corporate opportunity

›
Two recent cases on diversion of corporate opportunities highlight: The strictness of the equitable rule; and The importance of the facts...