HUNTINGDALE VILLAGE PTY LTD (Receivers and Managers Appointed) v CORRS CHAMBERS WESTGARTH (A FIRM) [No 3]

[2016] WASC 366

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

1. Choice of law - Referred questions of a registrar - Whether NSW or WA Act governs cost agreements - Where both may apply - Where neither Act is a mandatory Act - Proper law of the obligation - Turns on own facts
1. Contracts - Construction of costs agreements - Principles of construction - Whether later agreement extinguishes earlier agreement - Whether consideration given - Turns on own facts
1. Corporations - Power of board of directors under receivership - Whether use of power will interfere with ongoing conduct of receivership - Director's ability to seek enlargement of time - Turns on own facts
1. Practice and procedure - Stay application - Principles when considering stay application - Application refused - Turns on own facts