Blog
Aug 12, 2016, 5:11 AM
In DP World Sydney Ltd v Guy [2016] NSWSC 1072 an employer sought to stop an employee, by interlocutory injunction, from working for a competitor on the basis of a restraint in an employment contract. There was no dispute that unless he was restrained from doing so then Mr Guy would take up employment with Asciano Executive Services Pty Ltd, as a Terminal Manager, and in competition with DP World Sydney. Whilst other restraints were sought regarding solicitation of customers, employees and disclosing confidential information the main issue was the restraint about working for Asciano.
Aug 10, 2016, 3:13 AM
In the matter of Smith & Young Pty Ltd [2016] NSWSC 1081 the Plaintiff attempted to windup the Defendant company on the basis of a presumption as to insolvency for failing to respond to a Statutory Demand.
Aug 10, 2016, 2:41 AM
In Choo v Zhang [2016] NSWCA 193 the Court of Appeal revered the findings of the District Court in finding that the relevant representation was not misleading, and that if required the Court would have set aside the lower court's findings about the assessment of damages.
Aug 9, 2016, 7:25 AM
In the matter of Broadspectrum (Australia) Pty Ltd v Centauri Business Services Pty Ltd [2016] NSWSC 1045 there was an application by "Broadspectrum" to set aside, under s 459G to the Corporations Legislation, a statutory demand made by "Centauri". Essentially, Broadspectrum's case was that Centauri demanded payment under 4 invoices in circumstances where 3 had been paid and the 4th invoice was not payable.
Aug 6, 2016, 7:51 AM
Sometimes even a relatively short de facto relationship can be the basis for a successful claim for provision if the spouse is left out of the will or not adequately provided for.
Aug 4, 2016, 8:10 PM
The loss of a loved one is an extremely stressful event. Nerves are raw and emotions run high, making disagreements between family members all too common, especially when it comes to who gets what under a Will.
Jul 27, 2016, 3:11 PM
Purchasing new property for your family or business is a huge undertaking. In addition to your investment in time, there are many expenses to consider. Deposits are made, building and pest inspections completed. Search fees and legal fees quickly add up not to mention costs associated with stamp duty and conveyance. So when a contract to buy property comes to an end, losses can be substantial.
Jul 26, 2016, 5:23 PM
From what to have for dinner to how to manage our business affairs, we all make countless decisions each and every day. But when a person suffers from dementia or severe cognitive decline, these abilities can become dramatically altered.
Jul 16, 2016, 8:37 PM
It’s a familiar scenario. In need of a seemingly simple contract you turn to the Internet for information. A quick Google search reveals numerous low-cost options, making it difficult to justify the time and expense of hiring a lawyer. So you make the fateful decision to draft the document yourself, using one of those downloadable contract templates. What could possibly go wrong?
Mar 3, 2016, 12:49 PM
Whilst each case is different there are often some common steps involved in a commercial dispute. This article explains some of the steps commonly encountered in disputes in NSW Courts.