Reported Cases

There are legal judgments currently used as Court precedents in which Bill Hamilton has participated. Some of these are highlighted as follows:

Hamilton -v- Oades; CAC & anor v Oades & anor – (1989) 7 ACLC 381; (1988-1989) 166 CLR 486

It is this case which establishes that the witness must answer all questions but is entitled to precede his answer with the word ‘privilege’ where he or she feels the answer may incriminate the witness in criminal proceedings.  By this means the answers are excluded from being evidence in criminal proceedings but still have to be answered.


Margart Pty Ltd (In Liq) -Re; Hamilton v Westpac Banking Corp

(1984) 2 ACLC 709; (1984) 9 ACLR 269

A Liquidator could examine witnesses in a situation where proceedings had already been commenced and that this was not a fishing expedition or an abuse of process.


Sydlow Pty Ltd v TG Kotselas Pty Ltd & ors – (1996) 14 ACLC 846

Phoenix company transfer of assets – breach of fiduciary duty of directors.


Hamilton & anor v National Australia Bank Ltd & anor – (1996) 14 ACLC 1,202

Restraining the secured creditor from exercising its rights under its security whilst a Deed of Company Arrangement is in place.


Hamilton -v– Oades; CAC & anor v Oades & anor – (1989) 7 ACLC 381; (1988-1989) 166 CLR 486

Where Bill Hamilton as Liquidator made the first use ever of Section 232 of the Companies Code (as it was then), obtaining an order for compensation for Breach of Fiduciary Duty against a Director in the sum of $3.8(M).


EXPERTS REPORTS:

Major:

Walker Corporations Ltd action against Concrete Constructions Group Pty Ltd briefed by Baker and McKenzie Solicitors in litigation support.

Keydata Corporation Limited (formerly Budget Corporation Limited) claim for negligence against Corrs Chambers Westgarth Solicitors and Coopers and Lybrand.  The claim arose out of Public Float of Budget Corporation Ltd. involving a Prospectus and action was eventually settled (in excess of $17.15(M).  Bill acted for Godfrey Cullen, a director of Keydata Corporation Pty Ltd, Peter Hayes QC being the leading counsel and was instructed by Baker and McKenzie Solicitors.

Tolco Fabrications Pty. Limited claim for negligence by Westpac Banking  Corporation  and  against an Official Liquidator and a cross – claim for carry-on creditors debts incurred in the administration.

Shuwa International (Australia) Pty. Limited – experts report in proceedings to enforce guarantees against Directors as to the compilation of the debt of Westpac Banking Corporation Limited.

Others:

  • Various Reports in support of litigation involving negligence claim against Accountant advice given.
  • Various Reports in Court Proceedings involving recovery of preferential payments from creditors and insolvent trading actions against Directors.