Olive & Anor v Oceanview Developments Pty Limited & Ors

[2023] NTSC 38

Supreme Court of the Northern Territory27 April 2023

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Case Details

Citation[2023] NTSC 38

CourtNTSC

JurisdictionNt

Decision Date27 April 2023

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Judgment

Subsequent Judicial Consideration1›

Cases that have considered Olive & Anor v Oceanview Developments Pty Limited & Ors

Referred to (1)

K & J Burns Electrical Pty Ltd & Anor v Melanie Timms & Anor [2026] NTSC 33

Judicial Consideration (Chronological)

K & J Burns Electrical Pty Ltd & Anor v Melanie Timms & Anor [2026] NTSC 33Referred to

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.

Olive & Anor v Oceanview Developments Pty Limited & Ors 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.

Olive & Anor v Oceanview Developments Pty Limited & Ors at [37]

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Case Details

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Judgment

Subsequent Judicial Consideration1›

Built by Barristers,
For Australian Law.