Acted for the plaintiffs in resisting an application brought by Pitcher Partners seeking to permanently stay, dismiss or strike out claims made against them by the plaintiffs as an abuse of process on various bases. The application was dismissed in favour of the plaintiffs with the Court holding that the proceeding was not an abuse of the Court’s processes.
Acted for purchaser in the purchase of prime beef land.
Acted for developer and Vendor in respect of sale of each strata titled apartment.
Acted for Vendor in respect of sale of 55 lot subdivision.
Acted for the plaintiffs resisting an application brought by certain defendants to have the proceeding transferred to the Supreme Court of Victoria. The plaintiffs were successful in resisting the application to transfer the proceeding to the Court of another State.
Acted for the respondents/cross-appellants in respect to an appeal brought by the appellants seeking to overturn the first instance judgment in favour of the respondents. The Court dismissed the appeal in favour of the respondents ensuring that the respondents were to retain the benefit of their properties and funds recovered through the first instance judgments.
Acted for vendor in sale of world renowned agritourism business, real property and business assets.
Acted for purchaser in the purchase of a regional leasehold pub and freehold real property.
Acted for vendor in sale of leasehold retailer business and freehold real property.
Acted for purchaser in the purchase of a regional leasehold pub and freehold real property.
Acted for Purchaser in respect of purchase of englobo land to develop into 74 lot residential subdivision.
Acted for the plaintiff/cross-defendants in an application for security for costs against a former authorised representative. The Court determined that the cross-claimant ought to provide security for the cross-defendants’ costs of the proceedings in the amount of $400,000. The cross-defendants were successful in their security application.
Acted for the former litigation funder in the settlement approval hearing seeking the Court’s approval of the amounts to be received by the funder pursuant to the settlement distribution scheme and the settlement deed.
Acted for the cross-defendant/cross-claimant seeking that the plaintiffs’ statement of claim be dismissed and summary judgment entered on the cross-claimant’s cross claim. The dispute involved the cross-claimant enforcing a deed of settlement settling prior proceedings and disputes between the parties. The plaintiffs sought to set the deed of settlement aside. The Court held that the plaintiff’s’ claim had no reasonable cause of action and dismissed the claim. The Court entered judgment in favour of the cross-claimant on the basis of the deed of settlement. The Court subsequently granted the cross-claimant’s application for a lump sum costs order against the plaintiffs in Naro Investments Pty Ltd & Ors v Benjamin & Khoury Pty Ltd (No.2) [2021] NSWSC 1198.
Acted for the applicant in enforcement proceedings against the respondent, a judgment debtor, arising from Richards v MBA Finance Pty Ltd [2020] TASSC 22. The applicant sought a charging order in his favour over all shares held by the respondent in family related companies. The applicant was successful with costs.
Acting for multiple vendors in combined sale of agribusiness (pastoral and tourism) across 12x properties by way of sale of shares and real property.
Acting for vendor from preparation of sale documentation to completion.
Acting for purchaser from preparation of sale documentation including scrip for scrip exchange to completion.
Acting for purchaser in respect of purchase of 50+ lot subdivision.
Acting for various purchasers and vendors from preparation of sale documentation to completion.
We acted for the plaintiffs in application seeking their costs for the proceedings on an ordinary basis and from a date prior to the final hearing on an indemnity basis based upon the plaintiffs achieving a superior result at the final hearing to the offer made to the defendants. The plaintiffs offered to resolve the proceeding for a payment of $16 million plus costs. Final orders made in favour of the plaintiffs provided them with circa $27.7 million in assets. The Court held that it was unreasonable of the defendants to have refused the offer and ordered that the defendants pay the plaintiffs’ costs of the proceeding on an ordinary basis and the costs of the final hearing on an indemnity basis.
Acted for the successful respondents to an application brought by the shareholders and directors of Coverforce Pty Ltd seeking to set aside final orders of the Court. It was contended, in support of the application, that Coverforce was absent when final orders were made, which compelled it to provide a bank guarantee by a specified date and failing the provision of the bank guarantee, a debt becoming due and payable forthwith. The Court dismissed the application finding that Coverforce was not an “absent” party for the purposes of UCPR, r 36.16(2)(b) as Coverforce’s interests were advanced by various shareholders and directors at the hearing and throughout the matter.
Acted for the litigation funder in the settlement approval for the subject class action.
Acted for the plaintiffs against the defendant and related companies seeking recovery of funds disbursed in breach of fiduciary duty and in breach of trust including tracing the misappropriated proceeds in excess of 10 years after the event. The plaintiffs were successful.
Acted for the plaintiff seeking the recovery of a loan, issues included the construction of a guarantee and whether an email showed sufficient intent to become substitute debtor. Plaintiff was wholly successful with costs awarded.
Acting for vendor from preparation of sale documentation to completion.
Acting for various purchasers and vendors from preparation of sale documentation to completion.
Acting for various purchasers and vendors from due diligence, preparation of sale documentation to completion.
Acted for the second cross claimants seeking relief to exercise contractual rights to unwind a transaction including claims for misleading or deceptive conduct.
Acted for the litigation funder (as respondent) in an appeal to the High Court appealing Court’s power to make a “common fund order” in class actions.
Acted for the appellant on the appeal. Issues on appeal included alienation of property, tracing of proceeds, the Court’s jurisdiction to make compensation orders under section 37A of the Conveyancing Act 1919 and the costs indemnity principle.
Acted for the applicant seeking the payment out of Court of circa $2.1 million.
Acted for the trustee in seeking judicial advice concerning the appointment of an auditor and whether trustee entitled to defend foreshadowed proceedings.
Acted for the litigation funder in an appeal of the common fund order made in the proceeding in a historic joint sitting of the Full Federal Court with the Supreme Court of Appeal.
Acted for the plaintiff who successfully sued an individual based on the tort of deceit. The company had loaned $350,000 to the defendant based on false representations that were relied upon to induce the provision of loan monies in 2010. The Plaintiff was awarded damages to the sum of the loan monies and interest, total judgment was for $545,885.88 plus costs.
Acted for the cross defendant seeking orders for set off against a cross claim brought by a company in liquidation.
Acted for the plaintiff seeking leave to issue subpoenas to persons in the United States of America (Nevada, Florida and California) and Bermuda combined with letters of request being issued from the Supreme Court of NSW to Courts in those jurisdictions.
Acted for the appellate appealing the quantification of damages awarded at trial. Damages reduced from circa $230,000 to circa $60,000.
Acted for the respondent to a review of a statutory demand costs decision. Review dismissed with costs.
Acted for the prospective purchaser undertaking legal due diligence in seeking to acquire a group of businesses in the textile industry across multiple states.
Acted for the prospective purchase undertaking purchasing legal due diligence seeking to acquire a group in the civil construction industry.
Acting for various purchasers and vendors in preparation of sale documentation for businesses.
Acted for the plaintiff seeking discovery of documents including medical records relating to the deceased.
Intervening in a class action against Westpac acting for the litigation funder seeking a common fund order in the proceeding.
https://www.lawyerly.com.au/funder-attacks-westpacs-dangerous-intentions-class-action/
Intervening in two concurrent class actions acting for the litigation funder seeking Court approval for a combined settlement of $39 million for the proceedings.
Acting for the claimant suing the defendant for breach of consumer guarantees and the provision of tiles which were not fit for purpose. The claimant was successful with indemnity costs awarded.
Acted for the plaintiff regarding the proper construction of a deed and whether the liquidators’ rights and remedies were restricted as a result of the deed.
Acted for the plaintiffs in resisting an application to have the proceeding transferred from New South Wales to Victoria.
Acted for the prospective purchase undertaking purchasing legal due diligence seeking to acquire a group in the equipment hire industry.
Acted for the vendor in preparation of documentation for the sale of the business.
Acting for the purchaser in preparation of the purchase documentation for the purchase of the freehold and hospitality and publican business.
Acting for the purchaser in preparation of the purchase documentation for the purchase of the freehold and hospitality business.
Acting for the purchasers large in conveyances.
Acting for various purchasers and vendors in preparation of sale documentation for businesses
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