Coffee and a Case Note
I’m Australian lawyer, James d’Apice. Coffee and a Case Note began as a video series where I sip a coffee and chat about recent legal cases. This is the audio version! I hope it brings you value.
- Indexed episodes, last 90 days
- 6
- Latest publication
- Sep 23, 2026
- Audience
- Checking…
- Earliest in this view
- Jul 17, 2026
Latest episodes
Sibley Investments Pty Limited v Oldfields Advance Scaffold [2026] NSWSC 1021 (opens the original)
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“You breached the shareholders agreement, so transfer your shares to me!” ___ P and D were shareholders in a Co. P (who held 40%) sued D (who held 60%) alleging D’s breaches of the SHA entitled P to have D’s shares transferred to P: [1] – [4], [7] This breaches, said P, were D taking unauthorised loans and D’s granting security over its shares in the Co: [2] The Co did scaffolding work and was of some size; ~$11m annual revenue, ~55 employees: [6] The Co had developed out of a business operated
James d'Apice with Seun Idowu, "What's In A Name?" Series | Hall and Wilcox Smarter Lawcast July 2026 (opens the original)
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In July 2026, James has an opportunity to sit down with Hall & Wilcox partner and host of the Hall & Wilcox podcast "What's in a name?" to talk about diversity, inclusiveness, and using one's privilege for the benefit of all. You can find the original podcast here: https://hallandwilcox.com.au/news/cultural-inclusion-conversations-whats-in-a-name-season-2/
Oceanic Capital v Freedom Care [2026] WASC 308 (opens the original)
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“I need some documents to figure out if I have an oppression claim.” ___ P, a 1.15% shareholder in ASX-listed D, sought production of 6 categories of documents from D pursuant to s 247A: [1], [6] D opposed the application saying there was no case to be investigated: [4] D’s major business was an NDIS service provider operated by a wholly owned subsidiary, SubCo: [7] The NDIA claimed SubCo has received $800K it was not entitled to, with the figure of $400K eventually arrived at: [8], [12] In Sept
Capital Guard AU Pty Limited [2026] NSWSC 897 (opens the original)
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“I’m the regulator. You’re getting wound up.” ___ ASIC sought an order winding up a Co pursuant to s 461(1)(k): [1] Neither the Co nor its Dir appeared in the litigation: [2] (A Co failing to appear at its own winding up application did not inspire confidence in the Co’s management: [20]) The Court considered some general principles relating to ASIC s 461(1)(k) apps including: (i) the importance of a lack of confidence in a Co’s management; (ii) the requirement that a risk to the public interest
Lanmar Pty Limited (No 2) [2026] NSWSC 800 (opens the original)
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“You haven’t proved the shares’ value, so we need a receiver!” ___ P, D3, and D4 were equal 1/3 shareholders in a defence consulting Co. P sought a s 233 order that D3 and D4 buy its shares: [1], [2], [9] There were disputes between the dirs (each controlling P, D3, and D4) in managing the Co: [3] – [43] In late 2024 the Co was invited to tender for defence work. D3 and D4 were unimpressed with P’s contribution calling P “a complete dud”: [65] – [71] D3 and D4 relied on ChatGPT to guide their re
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