2571-2580 of 2879 results
Trusts and partnership: When is a confirmation of rights a declaration of trust?
The High Court of Australia held that certain deeds purporting to confirm a pre-existing trust of partnership property amounted to a new 'declaration of trust' within the meaning of the Western Australian stamp duty legislation. ...
Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185
The NSW Court of Appeal in Donau Pty Ltd has considered how long a party's right to terminate a contract lasts following a breach by the other party and the implications this has for the doctrine of election. ...
El Ali v Tritton [2019] NSWCA 111
In this case, the NSW Court of Appeal considered the date of the assessment of damages and whether the loss the respondents suffered was too remote. ...
JPA Finance Pty Ltd v Gordon Nominees Pty Ltd [2019] VSCA 159
In JPA Finance Pty Ltd v Gordon Nominees Pty Ltd [2019], the VSCA l considered whether the termination notice requirements in an option deed required strict, as opposed to substantive, compliance. ...
New Standard Energy PEL 570 Pty Ltd & Anor v Outback Energy Hunter Pty Ltd & Anor [2019] SASCFC 132
In this case, the Full Court of the Supreme Court of South Australia considered the scope and nature of a change of control clause providing that a party's prior written consent 'will not be unreasonably withheld'. ...
Tokio Marine & Nichido Fire Insurance Co Ltd v Hans Bo Kristian Holgersson trading as Holgersson Complete Home Service [2019] WASCA 114
Court of Appeal of Western Australia considered the extension of an insurance policy to a building-project subcontractor who was neither a party to the insurance contract nor mentioned by name in the policy. ...
Visual Building Construction Pty Ltd v Armistead (No 2) [2019] NSWCA 280
In this case, the New South Wales Court of Appeal considered when a contract is validly terminated if the termination clause provides for termination if a remediable breach is not remedied within a set timeframe. ...
Contract law update 2019
Contracts often contain detailed provisions prescribing how parties must perform their obligations or exercise their rights under it. Frequently, such provisions are not strictly complied with. There will often then be a dispute about the consequences of that non-compliance. ...
Impact of COVID-19 on corporate financing transactions
An analysis of the practical implications of COVID-19 on corporate financing transactions and a summary of some key documentation issues that arise because of this global issue, along with tips to address them. ...
Forge-ing ahead - the treatment of fixtures under the PPSA
Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...