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Recent Cases

Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited, Wright Prospecting Pty Limited v Mount Bruce Mining Pty Limited [2015] HCA 37 Contract – Construction of terms – Where contract concerned acquisition of rights in relation to temporary reserves and payment of royalties in respect of iron ore mined – Where royalty payable in respect of iron ore mined from “MBM area” – Whether “MBM area” refers to physical area of land or rights in relation to that land – Meaning of phrase “deriving title through or under”.

Poole v Chubb Insurance of Australia Ltd [2014] NSWSC 1832 – insurance – indemnity – whether insured entitled to indemnity for legal costs incurred at an ICAC hearing – whether insured knew that submission made to Government Department false or misleading – whether insured knew that public inquiry into grant of mining exploration licence likely – whether insured fraudulently in breach of duty of disclosure – whether insured fraudulently misrepresented the position when answering questions in proposal

Ransley v Chubb Insurance of Australia Ltd [2015] NSWSC 1350 – insurance – calculation of interest under s 57 of the Insurance Contracts Act 1984 (Cth) – date from which it was unreasonable for insurers to withhold payment

Adrenaline Pty Ltd v Bathurst Regional Council [2015] NSWCA 123 – appeals – notice of contention – whether respondent permitted to raise defences not run at trial – Council not permitted to run defences of causation or change of position – Council permitted to run defence of good consideration – whether question of law which was not fully argued, not determined by primary judge and not necessary to decide should be decided

Wright Prospecting Pty Limited & Ors v Hamersley Iron Pty Limited & Ors  [2013] NSWSC 536 and [2013] NSWSC 709 – contract – mining agreement – proper construction – royalty payments – agreed quantum

EagleBurgmann Australia Pty Ltd v Ross Grant Leabeater & Anor [2012] NSWSC 573 – employment – restraint of trade – breach of fiduciary duty – account of profits

Firmstone & Anor v Everest Property Holdings Pty Ltd & Anor [2011] HCATrans 216 (special leave refused); [2010] NSWCA 315; [2010] NSWSC 32; – property – vendor and purchaser – notice to complete – termination for failure to complete

Gray v Hamilton James & Bruce Pty Limited [2011] FWA 6884; [2011] FWA 4104 – employment – unfair dismissal – jurisdictional objection – application of award or enterprise agreement

Purcell v Tullett Prebon (Australia) Pty Limited [2010] NSWCA 150; [2009] NSWSC 1079 – employment – repudiation – direction to return to work – termination for breach – liquidated damages

Growth Equities Corporation Limited v Genesis Growth Investments Pty Limited [2010] NSWSC 1302 – insolvency – winding up – application to set aside statutory demand – dispute as to existence of debt

Owners Strata Plan 62930 v Kell & Rigby Holdings Pty Limited [2010] NSWSC 612 – building and construction – residential units – statutory warranty – quantum

ICAP Australia Pty Limited v BGC Partners (Australia) Pty Limited [2009] NSWCA 307; [2009] NSWSC 306 – practice and procedure – motion to set aside subpoena – fishing purpose of subpoena

Bearing Point Australia Pty limited v Robert Hillard [2008] VSC 115 – employment – restraint of trade – invalidity of post employment restraints

McNally v Harris [2008] NSWSC 659 – trusts – constitution of discretionary trust – breach of trust – transfer of shares
Sudojo Consulting Pty Limited v Africa Pacific Capital Pty Limited [2008] NSWSC 353 – contract – consultancy agreement – terms of agreement – remuneration
European Hire Cars Pty Limited v Armstrong [2007] NSWSC 629 – contract – claim against deceased estate – claim for purchase of motor vehicle

Kell & Rigby Pty Limited v Guardian International Properties Pty Limited [2007] NSWSC 554 – building and construction – security for payment

Linwar Securities Pty Limited v Christopher Savage [2006] NSWSC 786 – employment – interlocutory injunction – restraint of trade – reasonableness of restraint

Tradition Australia Pty Limited v Gunson [2006] NSWSC 298 – employment – interlocutory injunction – restraint of trade – serious question to be tried

ICAP Australia Pty Limited v BGC Partners (Australia) Pty Limited [2005] FCA 130 – employment – interlocutory injunction – competitor hiring broking team – resignation en masse

Our Advantages

With our partners having come from legal practice at large law firms, we pride ourselves on being able to provide high quality legal services on an efficient and cost effective basis.

Our Expertise

  • Commercial Litigation
  • Corporate/Commercial
  • Employment
  • Family Law

Contact Us

  • Level 6
    66 Hunter Street
    Sydney NSW 2000
  • GPO Box 5204 Sydney NSW 2001
  • +61 2 9228 0888
  • +61 2 9223 8666
  • law@hortonrhodes.com

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