Higher Courts
Higher Courts judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Grants Interim Injunction to Protect Patent Medicament
Validity of Director Penalty Notice Upheld in Taxation Case
Challenge to Adjudication Determination Under Security of Payment Act
Federal Court Overturns Directors' Duties Ruling Under Corporations Act
NSW Supreme Court Enforces Arbitral Award Against Claimant
Liquidators Can Distribute Trust Funds After Costs
The liquidators of a company in liquidation can distribute the trust funds among the beneficiaries after paying their reasonable costs and expenses. The Court confirmed that the liquidators are entitled to distribute the remaining balance among the beneficiaries according to their claims.
Supreme Court Rejects Claimant's Request for Declaration of Interest
The Supreme Court of New South Wales dismissed the claimant's request for a declaration of a caveatable interest over the real property. The court ruled that the land subject to the Extraction Agreement does not include the land within the Mulwaree Shire.
Scheme Creditor's Late Claim Form Accepted by NSW Supreme Court
Supreme Court Rejects Injunction to Halt Directors' Meeting
Supreme Court Rejects Company's Attempt to Set Aside Statutory Demand
The Supreme Court of NSW rejected a company's attempt to set aside a statutory demand for a debt. The Court found that there was no genuine dispute about the existence or amount of the debt.
Caveat Extension Granted to Secure Building Contract Payments
The court granted an extension of a caveat over a property to secure the payment of outstanding amounts under a building contract. The plaintiff argued that the defendant's actions were unconscionable and that an equitable lien or a constructive trust should arise from the situation.
NSW Supreme Court Rules Statutory Demand Not Properly Served
NSW Supreme Court Rejects Application to Restrict Third Party Travel
Client Defendants Maintain Rights to Mortgaged Shares
Unfair Preferences and Insolvency Judgement
Federal Court Determines Costs in Winding Up Application Based on Statutory Demand
In this case, the Federal Court of Australia decided on the costs of a winding up application based on a statutory demand. The court ruled that the Deputy Commissioner of Taxation should bear the costs up to a specific date, while the company bears the costs thereafter. The court also clarified that a company does not always need to produce audited accounts to prove its solvency.
Application to Set Aside Statutory Demand Rejected Due to Insufficient Quantification
The court rejected an application to cancel a statutory demand because the applicant did not provide enough detail about the disputed amount. The case highlights the importance of providing a clear and quantifiable offsetting claim when challenging a statutory demand.