LK Blog

The LK Blog aims to provide timely analysis and commentary on decisions of interest from the leading appellate courts and important industry developments.

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DEAL with it: the prima facie approach to a stay of court proceedings in favour of arbitration

A recent decision reiterates the courts’ pragmatic approach to ordering a stay of proceedings in favour of the parties’ dispute being determined by arbitration. In CPB Contractors Pty Ltd v DEAL S.R.L. [2021] NSWSC 820, Rees J held that practicality…

Rebecca Yorston and Sam Leeson

Setting Aside Arbitral Awards on the Grounds of Public Policy – a Recent Decision of the UK’s Privy Council

On 14 June 2021, the Judicial Committee of the UK’s Privy Council handed down judgment in Betamax Ltd v State Trading Corporation (Mauritius) [2021] UKPC 14. The judgment can be found here. The case has important ramifications for the extent to which…

Adam Greaves

COMI, or not COMI? Federal Court of Australia Grants Foreign Main Proceeding Recognition to Greensill Bank AG’s Germany Insolvency

Justice Anastassiou of the Federal Court of Australia has recently delivered two interlocutory decisions in the context of the highly publicised insolvency of Germany’s Greensill Bank AG.  Given that reported decisions on the recognition of foreign insolvency proceedings in Australia…

Madeleine Harland

Challenges to Arbitral Awards: Landmark Privy Council Decision

On 19 April 2021, the Judicial Committee of the Privy Council handed down its judgment in RAV Bahamas Ltd & Bimini Bay Resort Management Limited v Therapy Beach Club Incorporated [2021] UKPC 8, a landmark case in law on challenges to arbitral…

Adam Greaves

Holding the Parent to Account – When will a Parent Company be Held Responsible for the Conduct of its Subsidiary?

Okpabi v Royal Dutch Shell Plc [2021] 1 WLR 1294 (Okpabi) was a jurisdiction appeal which raised the question of whether the claimants had an arguable case that a UK-domiciled parent company owed them a common law duty of care,…

Madeleine Harland and Tim Bost

The ‘Harman’ obligation and private interests: considering practical issues when a liquidator assigns a claim to a litigation funder

Section 100-5 of the Insolvency Practice Schedule, which was introduced in 2017, provides that an external administrator of a company may assign his or her right to sue under the Corporations Act 2001 (Cth). The Federal Court has recently considered…

Madeleine McCarthy

Canada Square v Potter: Meaning of Deliberately Concealed Right of Action and Deliberate Breach of Duty for Purposes of Section 32 Limitation Act 1980

Section 32 of the Limitation Act 1980 (“LA 1980”) is an important provision for claimants in a limitation context. It postpones the running of a limitation period where the defendant has deliberately concealed a fact relevant to the claimant’s right…

Lucas Arnold

Remote Hearings, Access to Justice and the Efficient Resolution of Disputes

The conduct by courts of remote hearings has been one of the significant changes to the administration of the legal system caused by the COVID-19 pandemic. In the early stages of the pandemic, remote hearings were turned to as a…

Mark Giddings

Stoffel & Co v Grondona: Supreme Court Reaffirms Principled Policy-Based Approach to Illegality

In Stoffel & Co v Grondona [2020] UKSC 42, the Supreme Court was asked to decide whether a firm of solicitors could escape liability for its negligent failure to register a property transfer and related charge, in circumstances where the…

Vaiben Lipman

Social Licence to Operate and Directors’ Duties – the Uncertainty of the Balancing Act

A company’s social licence to operate, and its directors’ obligations to ensure that it is maintained, is one of the current hot corporate governance topics. In the wake of the recent media furore that has surrounded the Rio Tinto board’s…

Julia Dreosti
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