Upcoming Mallesons seminarsGrantors and holders of charges
What do you need to do?The Public Trustee of Queensland has sought special leave to appeal to the Hight Court the recent Court of Appeal decision in Octaviar - a further Alert will be issued next week suggesting ways forward pending the result of the High Court application
Martin James
Partner
Martin James
Partner
T +61 2 9296 2198
Nuncio D'Angelo
Partner
T +61 2 9296 2457
Melbourne
Ian Paterson
Perth
Nicholas Creed
Brisbane
Aaron Bourke
Hong Kong
Richard Mazzochi
(馬紹基)
Beijing
David Olsson
(沈文)
London
Rowan Russell
The Public Trustee of Queensland has lodged an application for special leave to appeal to the High Court from the decision of the Queensland Court of Appeal (see our Alerts of 18 September and 21 September 2009).
The grounds indicate that the appeal (if leave is granted) will consider both of the core issues at the heart of the debate, ie whether the 22 January 2008 agreement constituted a variation of the Octaviar charge, or alternatively a new charge.
We will follow up with a further Alert next week with discussion of implications and suggested ways forward pending the High Court decision.