by Cameron Shaw | Jun 13, 2024
So I’m a Third Party Guarantor… Where a bank will only lend money to a borrower if a third party provides a guarantee, the banks will not advance the loan unless that third-party guarantor obtains independent legal advice. This is commonly the case where...
by Cameron Shaw | Apr 30, 2024
Case Note – Sue for Specific Performance or Termination for Breach of an Essential Term – don’t get fooled that each 5% clause is the same as the next! Alexakis v Wan [2021] NSWCA 172 (11 August 2021) The decision is a decision of the NSW Court of...
by Cameron Shaw | Apr 30, 2024
Case Note – Calculation of Damages for Breach of Contract Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 (12 February 2009) The decision was a joint decision of the High Court comprised of FRENCH CJ, GUMMOW, HEYDON, CRENNAN AND KIEFEL JJ and...
by Cameron Shaw | Sep 26, 2022
Mutual wills can play an important part in testamentary planning if there is no other reasonable alternative. Birtles and Neal in Hutley’s Australian Wills Precedents (8th ed, 2014) advise simply: “Avoid them.” The reason is that a mutual will...
by Telemon Admin | Feb 5, 2021
Testamentary capacity is defined as the mental capacity of a testator while executing their will. A case, (Banks v Goodfellow (1870) LR 5 QB 549) affirmed by multiple Australian authorities including the New South Wales Court of Appeal in (Mekhail v Hana [2019] NSWCA...
