Australian Securities and Investments Commission v ALAMMC Developments Pty Ltd (No 1) [2024] FCA 1275, 4 November 2024, O’Sullivan J
Mark Steele KC (leading Sarida McLeod and Leo Freckelton) appeared for ASIC in this successful application for the appointment of receivers to thirteen corporate defendants, and to the estates of two natural persons, each of whom was being investigated for possible breaches of the Corporations Act 2001. Mr Assaf SC and Mr Strickland appeared for the unsuccessful defendants.
RE Oakey Pty Ltd v Canadian Solar Construction (Australia) Pty Ltd [2024] QCA 202, 29 October 2024, Bond and Boddice JJA and Wilson J
Mark Steele KC and Brent Reading appeared for the successful respondent in this appeal, involving questions of contractual construction, the construction of the Building Industry Fairness (Security of Payment) Act 2017, misleading and deceptive conduct and unconscionable conduct.
Paladin Projects Pty Ltd v Visie Three Pty Ltd & Ors (No 2) [2024] QSC 244, 18 October 2024, Williams J
Paladin Projects Pty Ltd v Visie Three Pty Ltd & Ors [2024] QSC 230, 25 September 2024, Williams J
Bilson v Vatsonic Communications Pty Ltd; Vatsonic Communications Pty Ltd v Bilson [2024] QCA 171, 13 September 2024, Bowskill CJ, Boddice JA and Henry J
Kondratenko v Kennards Storage Management Pty Ltd [2024] FCA 913, 15 August 2024, Meagher J
Hannah Lilley appeared for the respondents in the proceeding who successfully applied for orders that judgment be given for the respondents against the applicant pursuant to Federal Court of Australia Act 1976 (Cth) s 31A and Federal Court Rules 2011 (Cth) r 26.01(1), with the effect that the applicant’s proceedings were dismissed in their entirety on the grounds that the proceedings were frivolous and vexatious, no reasonable cause of action was disclosed, the proceedings were an abuse of process of the Court and the applicant had no reasonable prospect of successfully prosecuting the proceeding.
Australian Securities and Investments Commission v A One Multi Services Pty Ltd (No 3) [2024] FCA 1209, 7 August 2024, Derrington J
Mark Steele KC, leading Danielle Tay and Leo Freckelton, acted for ASIC in this successful application by ASIC to wind up the first defendant on the just and equitable ground. Derrington J also accepted ASIC’s submission that the existing receivers to the company should not be appointed as liquidators, and that ASIC’s nominees should be appointed instead.
Skildum-Reid v The University of Queensland [2024] FCA 733, 8 July 2024, Derrington J
Andrew Crowe KC and Jane Menzies appeared for the University of Queensland in an application brought under Rules 7.22 and 7.23 for pre-action discovery in a proposed copyright/moral rights claim. The application was dismissed with costs (in part on the indemnity basis).
Of interest was the court’s consideration of the Applicant’s argument that no limitation period applied to claims for infringments of moral rights absent an express provision in the Copyright Act. Derrington J discusses this issue at paragraphs [36]-[54].
Staged Plus Pty Ltd & others v Yummi Fruit Ice-Creamery Pty Ltd & others [2024] QDC 88, 10 June 2024, Porter KC DCJ
Alexander White appeared for the successful applicants in an application to strike out a pleading alleging defamation. The judgment considers the element of “serious harm” inserted by s 10A of the Defamation Act 2005 (Qld) and the requirements necessary for a valid concerns notice under s 12A of that Act.
Canview Pty Ltd v Gilmore [2024] FCA 586, 27 May 2024, Logan J
Andrew Crowe KC with Maxwell Walker appeared for the Applicant seeking leave to appeal part of interlocutory orders made granting interlocutory injunctive relief. The application for leave to appeal and the related stay application were dismissed by consent (the parties having agreed certain undertakings). The proceeding was cross-vested) to the Supreme court of Queensland where existing proceedings had been brought by Canview Pty Ltd where it obtained interlocutory injunctive relief restaining the termination of a licence agreement for the use of intellectual property rights against the licensor corporation of which Gilmore is a director.
Canview Pty Ltd v Gilmore [2024] FCA 551, 22 May 2024, Meagher J
Andrew Crowe KC with Maxwell Walker appeared for the Applicant seeking interlocutory injunctive relief to restrain unlawful use of confidential information. The interlocutory relief was granted substantially as sought by the Applicant.
Canadian Solar Construction Pty Ltd v Re Oakey Pty Ltd [2023] QSC 288, 15 December 2023
Mark Steele KC appeared with Brent Reading for the successful plaintiff. The proceeding concerned whether a payment claim had been validly served upon the defendant as required by s. 75(1) of the Building Industry Fairness (Security of Payment) Act 2017 (Qld). Justice Freeburn found that it was, rejecting the defendant’s defences based upon conventional estoppel, misleading or deceptive conduct and unconscionable conduct. The disputes concerning the proper interpretation of the contract were also resolved in favour of the plaintiff.
Iris Broadbeach Business Pty Ltd v Descon Group Australia Pty Ltd & Anor [2023] QSC 290, 15 December 2023
Brent Reading (led by Mark Ambrose KC) appeared for the successful applicant in this proceeding. The decision is of particular interest to the building and construction industry. In short, Justice Williams found that service of a copy of the automatically generated form that an applicant receives from the QBCC after lodgement of an adjudication application online is not a "copy of an adjudication application", within the meaning of s. 79(3) of the BIF Act (Qld). Other disputes were also resolved in the applicant’s favour, including whether the payment claim sufficiently described the construction work which was claimed.
Capital Options (Aust) Pty Ltd v Hazratwala [2023] FCA 1431, Beach J, 20 November 2023
Douglas Savage KC led Maxwell Walker in an application to dismiss an appeal against an interlocutory decision to discharge examination summonses. The appeal was successfully dismissed with costs.
McGee v Independent Assessor & Anor [2023] QCA 225, Bond and Dalton JJA and Cooper J, 17 November 2023
Douglas Savage KC and Philippa Ahern appeared for the successful appellant. The appeal principally concerned whether the referral of a disciplinary application for assessment was an abuse of process, given findings made in a prior disciplinary application.