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Tenant evicted for failure to pay rent: pre-pandemic breach not covered by COVID-19 rent relief leasing changes, NSW Supreme Court finds

Litigation & Dispute Resolution| 11 Nov 2020

Tenant evicted for failure to pay rent: pre-pandemic breach not covered by COVID-19 rent relief leasing changes, NSW Supreme Court finds

In the wake of Justice Robb’s decision to grant relief against forfeiture in the Sneakerboy decision, Justice Stevenson recently refused a similar application by a commercial tenant for the reinstatement of its lease.

Case update: NSW Court of Appeal provides guidance to liquidators on distributing investment funds

Insolvency & Reconstruction| 25 Sep 2020

Case update: NSW Court of Appeal provides guidance to liquidators on distributing investment funds

We consider the recent New South Wales Court of Appeal decision in Courtenay House. The decision concerned the distribution by liquidators of commingled investor funds, which were paid by investors (unwittingly) into a Ponzi scheme.

Sneakerboy decisions provide clarity on COVID-19 leasing changes as NSW Government extends regulation to 31 December 2020

Litigation & Dispute Resolution| 23 Sep 2020

Sneakerboy decisions provide clarity on COVID-19 leasing changes as NSW Government extends regulation to 31 December 2020

Two recent decisions of the Supreme Court of NSW have clarified how the changes to the commercial leasing regime brought about by the COVID-19 pandemic will operate in practice.

Execution of documents by directors: what presumptions can a third party rely upon?

Litigation & Dispute Resolution| 03 Jul 2020

Execution of documents by directors: what presumptions can a third party rely upon?

The Supreme Court of Queensland has examined quorum busting and the assumptions that can be made when dealing with a company under the Corporations Act 2001 (Cth) (Act). The decision is Gallop Reserve Pty Ltd v Matton Developments Pty Ltd [2019] QSC 113.

Marshalling: how it can help a second mortgagee

Litigation & Dispute Resolution| 26 May 2020

Marshalling: how it can help a second mortgagee

In this article, our Litigation and Dispute Resolution team explain the doctrine of marshalling, provide a practical example and examine a recent decision of the Victorian Court of Appeal.