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Aquila Steel P/L v AMCI (IO) P/L & Anor; BD Coal P/L & Anor v AMCI (BC) P/L and Ors
Shortened Case Name:
Aquila Steel Pty Ltd v AMCI (IO) Pty Ltd
MNC:
[2007] QCA 456
Court:
QCA
Judge(s):
McMurdo P, Jerrard JA, Keane JA
Date:
21 Dec 2007
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QSC 238 (2007) 64 ACSR 427
04 Sep 2007
Trial of proceeding seeking declaratory relief as to construction of terms of joint venture agreement regarding the right to transfer joint venture interest, and change of control limitations; the principle under which registration of a share transfer operates back to the date of approval of the transfer by the company’s directors has operation beyond the contractual relationship between the company and its members; declarations made with costs: Muir J.
Appeal Determined (QCA)
[2007] QCA 456
21 Dec 2007
Appeals dismissed with costs; appeal against declarations as to the construction of terms in a joint venture agreement regarding entitlement to transfer JV interest and change of control limitations; trial judge right to reject interpretation of Aquila Steel and BD Coal: McMurdo P, Jerrard and Keane JJA.
Special Leave Refused (HCA)
[2008] HCATrans 249
18 Jun 2008
Special leave refused with costs; while there are some differences in approach to the questions of construction, we are not satisfied that there is any error of principle demonstrated in the conclusions reached by the Court of Appeal: Kirby, Heydon and Crennan JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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