R v Watcho

[1998] QCA 331

Queensland Court of Appeal6 August 1998

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Judges

McMurdo P

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Case Details

Citation[1998] QCA 331

CourtQCA

JurisdictionQld

Decision Date6 August 1998

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Judgment

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Mcmurdo P

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.

R v Watcho at [30]

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order.

R v Watcho at [37]

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Built by Barristers,
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