Australian Securities and Investments Commission v. Lanepoint Enterprises Pty Ltd (ACN 110 693 251) (Receivers and Managers Appointed)
Case No.
P43/2010
Case Information
Lower Court Judgment
24/05/2010 Federal Court of Australia(North J, Siopis J, Buchanan J)
Catchwords
Corporations — Winding up — Winding up in insolvency — Where respondent presumed to be insolvent once receiver was appointed: Corporations Act 2001 (Cth) s 459C — Where respondent required to rebut presumption in an application for winding up in insolvency — Respondent disputed extent of indebtedness — Whether company should be wound-up on basis of disputed debt — Whether court may determine merits of disputed debt in course of winding up proceeding.
Documents
21/10/2010 Hearing (SLA, Perth)
08/11/2010 Notice of appeal
31/01/2011 Written submissions (Appellant)
31/01/2011 Chronology
15/02/2011 Written submissions (Respondent)
22/02/2011 Reply
08/03/2011 Hearing (Full Court, Canberra)
16/03/2011 Further submissions (Respondent)
22/03/2011 Reply supplementary submissions (Appellant)
01/06/2011 Judgment (Judgment summary)
Deguisa & Anor v. Lynn & Ors
Case No.
A4/2020
Case Information
Lower Court Judgment
05/09/2019 Supreme Court of South Australia (Kourakis CJ, Peek and Hughes JJ)
Catchwords
Real property – Torrens title – Restrictive covenants – Where appellants registered proprietors of Lot 3 and have planning development approval to demolish house on Lot 3, subdivide lot, and build two single story dwellings – Where respondents executors of estate of Mrs Fielder who was party to original Memorandum of Encumbrance containing restrictive covenants subject of proceedings – Where third respondent owns two properties near Lot 3 – Where respondents contended that Lot 3 and 53 other lots were created from earlier subdivision and sold in accordance with building scheme such that restrictive covenants are enforceable to prevent appellants from developing Lot 3 as they wish to – Whether there exists “governing principle” to effect that what is “notified” to prospective purchaser by vendor’s certificate of title is everything that would have come to their knowledge if prudent conveyancer had made such searches as ought reasonably to have been made based on what appears on certificate of title – Whether approach taken by majority of Full Court of Supreme Court of South Australia in decision under appeal to ascertaining whether subsequent purchaser of Torrens system land is bound by restrictive covenant conflicts with approach taken in Burke v Yurilla (1991) 56 SASR 382 – Whether purchaser of land under Torrens system obliged to search other titles for evidence of land being subject of building scheme if note is made on encumbrance form that the “encumbrance forms portion of a common building scheme” but where land or lots involved in building scheme not indicated.
Documents
20/03/2020 Hearing (SLA, Canberra v/link Adelaide)
03/04/2020 Notice of appeal
08/05/2020 Chronology (Appellants)
11/05/2020 Amended written submissions (Appellants)
11/06/2020 Written submissions (Respondents)
02/07/2020 Reply
02/09/2020 Hearing (Full Court, Canberra)
02/09/2020 Outline of oral argument (Appellants)
02/09/2020 Outline of oral argument (Respondents)
04/11/2020 Judgment (Judgment summary)
Australian Crime Commission v. Stoddart and Anor
Case No.
B71/2010
Case Information
Lower Court Judgment
15/07/2010 Federal Court of Australia(Spender J, Greenwood J, Logan J)
Catchwords
Administrative law — First respondent summoned under Australian Crime Commission Act 2002 (Cth) (“the Act”) s 28 — First respondent declined to answer questions in relation to husband’s activities on basis of common law privilege against spousal incrimination — Whether distinct common law privilege against spousal incrimination exists — Whether privilege abrogated by s 30 of the Act — Australian Crime Commission Act 2002 (Cth).
Documents
12/11/2010 Hearing (SLA, Canberra)
02/12/2010 Notice of appeal
31/01/2011 Written submissions (Appellant)
31/01/2011 Chronology
17/02/2011 Written submissions (Respondent)
22/02/2011 Reply
01/03/2011 Hearing (Full Court, Canberra)
30/11/2011 Judgment (Judgment summary)
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Government of the Russian Federation v. Commonwealth of Australia |
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Taylor v. Killer Queen LLC & Ors |
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Valuer-General Victoria v. WSTI Properties 490 SKR Pty Ltd |
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