Month: September 2020

Catchwords: CORPORATIONS – Arrangements and reconstructions – Schemes of arrangement or compromise – Application under s 411 of the Corporations Act 2001 (Cth) for orders convening meeting of members to consider and, if thought fit, approve a proposed scheme of arrangement – Whether requirements to order scheme meeting are satisfied – Length of exclusivity period…

Catchwords: CORPORATIONS — Members’ rights and remedies — Oppression — Winding up on the just and equitable ground — Failure to keep adequate books and records — Where conflicting sets of accounts needed to be reconstructed to ascertain companies’ financial positions — Where nature of significant account entries and transactions still cannot be explained —…

Catchwords: EQUITY – Interlocutory relief – where plaintiff seeks to restrain defendants from operating a gym facility – where plaintiff established a serious question to be tried – whether balance of convenience favours the grant of an injunction – whether damages an adequate remedy – where gym would close and cause hardship to third party…

Catchwords: CORPORATIONS – Winding up – Application for orders under s 90-15 of Schedule 2 – Insolvency Practice Schedule (Corporations) to the Corporations Act 2001 (Cth) – Whether liquidators entitled to be paid their remuneration, costs and expenses under s 556(1) of the Corporations Act 2001 (Cth). TRUSTS – Corporate trustee required to give notice…

Catchwords: CORPORATIONS – Application to set aside statutory demand by reason of alleged genuine disputes – ss 459G, 459H and 459J Corporations Act 2001 (Cth) 2001 – Malec Holdings Ltd v Scotts Agencies Pty Ltd (in liq) [2015] VSCA 330 – Some alleged disputes found to be genuine others not – Amount claimed in demand…

Catchwords: PRACTICE AND PROCEDURE – Injunctive relief – Building contract – Application to restrain principal from call on bank guarantees – Serious issue to be tried – Consideration of whether appropriate to decide contract interpretation question as if on a final basis – Proper approach – Balance of convenience – Application for injunction dismissed. https://jade.io/viewArticle.html?aid=765746&pid=-1&h=1502666671

Catchwords: CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where a payment claim was made for work carried out up to termination of a construction contract – where the payment claim was made, and the adjudication determined,…

Wall Street Journal – Online Edition; 09/21/2020(AN 145975428); ISSN: 25749579Academic Search Complete

Catchwords: TORTS – private nuisance – assessment of damages https://jade.io/viewArticle.html?aid=766563&pid=-1&h=1502666671