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Contract law update 2019
There is a general rule that damages for breach of contract are assessed at the date of breach.1 This rule does not apply, however, if assessing damages at a different date would more appropriately compensate the plaintiff. ...
Allens triumphs in project finance league tables and awards
For project finance deals, Allens was ranked top legal advisor in Australia and New Zealand, for both deal value and volume, in Inframation's league tables. For the second year running, the firm ...
Court clears Vodafone/TPG merger in keenly awaited decision
The Court, in the biggest merger litigation in Australia in 10 years, found against the ACCC and held that the merger would not have the likely effect of substantially lessening competition. Fiona ...
Allens advises syndicate of lenders to gold miner Resolute on US$300m debt refinancing
The facility will be used to repay the US$63 million secured project loan facility from Taurus Funds Management Limited, which funded the initial construction of the Mako Gold Mine in Senegal and ...
Allens advises Wesfarmers on ESG-incentivised $400m loan
The debt facility is linked to Wesfarmers' progress on two internal Environmental and Social Governance ( ESG ) targets – to reduce carbon emissions in its chemical operations and ambitious targets ...
Conducting a consumer-facing business biggest indicator of class action risk
According to the report, more than 40% of the class actions filed in 2019 were filed on behalf of consumers. This result is a change from recent years in which being an ASX-listed company was the ...
Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270
This case affirms the principle that the question of whether personal performance of a contract is required is one of construction of the contract, and that personal performance may be required even in circumstances where performance of the contract requires no specific personal skill. ...
Greencapital Aust Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement) [2019] NSWCA 53
In this case, the New South Wales Court of Appeal considered the terms of a conditional contract for the sale of land, and whether the purchaser's 'step-in' right qualified the vendor's right to rescind ...
Contract law update 2019
The ability to enter into, and enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers (known as the 'fettering doctrine'). ...
Contract law update 2019
'fetter doctrine' is the ability to enter into enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers. ...