James D. Catlin

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CORPORATIONS – oppression – majority ordered to purchase shares – value of shares – date of valuation – valuation methodology – fairness – business value – share value – future maintainable earnings – non-business liabilities – arm’s length price a third party purchaser would pay for shares – value of net tangible assets as cross-check.

 CONTRACT – short-term loan with high interest rate – higher interest rate payable on default – loan in default – whether interest rate a penalty – whether requirement of loan contract interest rate unconscionable conduct – remedy – Trade Practices Act 1974, ss. 51AB, 51AC and 87. -

In this application, the defendant seeks an order under Rule 21.07 of the County Court Civil Procedure Rules 2008 that the interlocutory judgment entered against her on 12 August 2010 be set aside.

This is an application to review a decision of the respondent made 27 August 2010 in relation to refusing an application of the applicant and two other persons in partnership for a taxi-cab licence in accordance with the provisions that have been made by the Minister pursuant to s 143A(2) of the Transport (Compliance and Miscellaneous) Act 1983 (the Act). The respondent is the licensing authority.

This is an appeal, pursuant to s.604 of the Fair Work Act 2009 (the Act), by Mr M  Robinson  against a decision 1 of Commissioner Simpson on 2 March 2011.

 Domestic Building – costs plus contract – no reasonable estimate by the builder of the total amount of money the builder is likely to receive under the contract given – consequences – s.13(2) Domestic Building Contracts Act 1995 – application – whether reasonable to allow cost of work plus reasonable profit – relevant matters

 Domestic Building – costs plus contract – no reasonable estimate by the builder of the total amount of money the builder is likely to receive under the contract given – consequences – s.13(2) Domestic Building Contracts Act 1995 – application – whether reasonable to allow cost of work plus reasonable profit – relevant matters 

Freedom of information – Appeal from orders of Victorian Civil and Administrative Tribunal setting aside the appellant’s refusal to process the defendant’s FOI request – whether request ‘would substantially and unreasonably divert the resources of the agency from its other operations’ – whether ‘other operations’ excludes the operations of a dedicated FOI unit in processing other requests – remittal to Tribunal – Freedom of Information Act 1982 (Vic) s 25A(1)(a).

 

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Owen Dixon West Chambers,
Level 10, Room 23, 
525 Lonsdale Street, Melbourne VIC 3000
Phone:

(03) 9225 8141

(03) 9225 8584 (Fax)

(03) 9225 7666 (Clerk)

Monday - Friday: 09.00 to 18.00
Saturday, Sunday Closed
Email:

jdcatlin@vicbar.com.au