One of the issues in this case concerned whether specific performance, as opposed to damages, was an appropriate approach in circumstances where the plaintiff sought orders for specific performance of a binding term sheet which provided for the declaration of a dividend sourced from conduit foreign income and then for a declaration of trust. The Cout made orders for specific performance. This result was reached after the Court found that the matter had urgency in consequence of the imminent expiration of a transitional residency exemption on foreign income received.
This matter raised allegations of negligence against a number of professionals including a licensed conveyancer and solicitors. Issues of proportionate liability were also raised. The matter also involved an application for expedition.
This matter included a claim for expedition.
This matter involved a dispute concerning the terms of a distribution agreement. It was in that context that an application for expedition was made.
This matter concerned an expedition application.