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Mineralogy Pty Ltd v Australian Securities and Investments Commission [2021] FCA 996 — BarristerAI

Mineralogy Pty Ltd v Australian Securities and Investments Commission

[2021] FCA 996

Federal Court of Australia23 August 2021

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Judges

Wigney J

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Case Details

Citation[2021] FCA 996

CourtFCA

JurisdictionCommonwealth

Decision Date23 August 2021

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For Australian Law.

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Judgment

Judges

Wigney J

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.

Mineralogy Pty Ltd v Australian Securities and Investments Commission at [30]

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.

Mineralogy Pty Ltd v Australian Securities and Investments Commission at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.