Dinesh Ratnam

Application for freezing orders – orders made – primary proceedings involving a Mauritius based company (First Class Securities) taking up an investment opportunity relating to an Australian infrastructure project – allegations of misleading and deceptive conduct and breach of contract.

Dinesh was involved in the representative proceedings involving the action brought by trustees of SMSFs who were allegedly defrauded by Melissa Caddick.  He acted for one of the auditors.

Application to set aside a Statutory Demand – Building and Construction Industry Security of Payment Act 1999 debt – offsetting claim – demand not set aside.

Equitable mortgages – enforcement of loan – misleading and deceptive conduct.

Building and Construction Industry Security of Payment Act 1999 – enforcement – whether plaintiff contracted to withdraw payment claim — whether parties objectively evinced an intention to withdraw a payment claim — where defendant did not serve a payment schedule — where plaintiff did not forfeit statutory rights but rather made a commercial accommodation for…

Security for Costs – place of incorporation or residence out of jurisdiction – plaintiff domiciled in People’s Republic of China and has significant assets.

Breach of director duties – ss 181 & 182 Corporations Act – breach of fiduciary duties – accessorial liability – directors engaging in conduct contrary to s 18 of the ACL – deceit – fraud – estoppel – negligence – construction of contract – calculation of interest.

Contractual construction – whether disclosure of client portfolio information to competitor following termination was a breach of a confidentiality clause – whether client portfolio information was confidential information.

Security for costs – trustee considerations – disclosure – substantive case involving allegations of fraud and misappropriation of monies.

Breach of contract – Resilium an insurance broker and Australian Financial Services Licence holder – Nest Insurance an Authorised Representative terminated for providing false information – Resilium transmitted the client information to another Authorised Representative to carry out a policy remediation process and service the clients – construction of contract – ownership of Confidential Information.

Construction of Lease – make good provisions.

Directors and officers – authority – actual – ostensible – construction of a contract of guarantee and indemnity – Estoppel by convention.

Whether director had authority to bind a company to a guarantee and indemnity – contract construction.

Freezing orders – allegations of misappropriation of monies.

Equitable remedies – Injunctions – Lease of shop premises.

Security for costs – whether plaintiff’s impecuniosity was attributable to the defendant’s conduct – substantive case involving illegality or sham contract.

Winding up in insolvency – presumed insolvency – whether discretion should be exercised.