Principles applicable to winding up on the just and equitable ground are as stated by Beach J at [56] in Australian Securities and Investments Commission v Bilkurra Investments Pty Ltd [2016] FCA [...]
Mistake Restitution where money is paid under a mistake of law Following from headnote to David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 109 ALR 57 (HC) (i) The [...]
LANDLORD and TENANT Agreement for Lease Nature of lessees interest in an agreement for lease – an agreement for a lease will be treated as giving rise to a lease in equity, but the lessee [...]
Pleadings – knowing assistance – summary judgment – plaintiffs sought leave to file further amended statement of claim to add new allegations accessorial liability under second [...]
When ideas fail, words come in very handy – Goethe Reality is the leading cause of stress among those in touch with it – Jane Wagner Insomnia: the mind’s revenge for all the [...]
Words of employer’s counsel clearly indicated undertaking was required and would be given – Giving of undertaking effective even though it was less than expressly and unambiguously given: [...]
Whether mere delay constitutes laches Baburin v Baburin (1990) 2 Qd R 101 Following from McLure J’s judgment in Powell v Powell [2002] WASC 105: [142] The word “laches” is used [...]
Money lent — Loans created by book entries — Proof of loans — Construction — Whether loan repayable instanter and without demand — Date of accrual of cause of action – VL Finance Pty Ltd v [...]
JOINT VENTURES Nature of “joint venture” – see cases referred to in Brian Pty Ltd v United Dominions [1983] 1 NSWLR 490 and High Court (1985) 59 ALJR 67; (1985) 157 CLR 1 [...]
