Benjamin Zipser appeared for the successful defendant in Super Vision Resources Ltd v AC Holdings Co Pty Ltd  NSWSC 65, a Commercial List proceeding involving a claim, rejected by the Court, that property sales were voidable because they were made with intent to defraud creditors.
Benjamin Zipser appeared for the successful respondent in Flourentzou v Spink  NSWCA 315, which concerned the nature of contributions towards the purchase and renovation of a property. The NSW Court of Appeal clarified the law, having accepted Benjamin’s submission on the issue, that in imposing a constructive trust it is not necessary to trace the specific enhancement in property value resulting from a financial contribution.
John Hyde Page appeared for the successful taxpayer in Addy v Commissioner of Taxation  FCA 1768, in which the Australian Federal Court held that the working holiday maker tax contravened a non-discrimination clause in the Australia-UK tax treaty. The “landmark ruling” on the “backpacker tax” has been reported in the media in eight countries and reportedly may affect around 75,000 working holiday makers.
Christopher Barry QC appeared for the successful horse owners in the Full Federal Court’s refusal of leave to appeal (Zoetis Australia Pty Ltd v Abbott  FCAFC 153) from the Federal Court decision not to order security for costs in the Hendra vaccine class action ( FCA 462). The decisions are the latest word on security for costs in class actions.
Michelle Hirschhorn appeared for the successful Commissioner in Stallion (NSW) Pty Ltd v Commissioner of Taxation  FCA 1306, which concerned entitlement to decreasing luxury car tax adjustments and input tax credits in respect of a purchase of luxury cars.
Christopher Palmer appeared for the successful applicants in Crupe Pte Ltd v Robertson  NSWSC 2056, which concerned worldwide asset freezing (over USD 120 million) and disclosure orders. Christopher also appeared as sole counsel for the successful applicants on the initial urgent ex-parte application.
Gregory Drew appeared for debenture holders in Smith v Australian Executor Trustees  NSWSC 1584, in which the Court approved settlement of their class action related to the collapse of Provident Capital Ltd. The Court observed that there is “no reason to think that the case could have been settled for any greater sum”. Gregory appeared for the debenture holders throughout the litigation.