Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd
| Jurisdiction | Australia Federal only |
| Judge | Kiefel CJ,Gageler,Gordon,Gleeson,Jagot JJ |
| Judgment Date | 08 March 2023 |
| Neutral Citation | [2023] HCA 6 |
| Docket Number | S125/2022 |
| Court | High Court |
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3 firm's commentaries
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Terminating a business sale contract for failing to carry on business in the usual and ordinary course as regards its nature, scope and manner
...is affected by such measures? CASELAW The High Court's recent decision of Laundy Hotels (Quarry) Pty Limited v Dyco Hotels Pty Limited [2023] HCA 6 is the most instructive and a "common sense" In the period of time between the signing and settlement of the sale of a Hotel, a Public Health O......
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'Business as usual': Doctrine of frustration in sale of business contracts
...because the seller cannot carry on its business as usual. In the recent case of Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd [2023] HCA 6, the High Court of Australia ruled "no". Specifically, the Court held the owner of a hotel business was not obliged under its sale of business co......
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Ordinary Course Covenants: Australia's Highest Court Addresses An Important Question Left Open By AB Stable, And Lessons For Cross-Border M&A
...at 203 and 206. 2. AB Stable at 204-205. 3. AB Stable at 205 (emphasis added). 4. Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd [2023] HCA 6 [Laundy Hotels] at para. 5. Laundy Hotels at para. 30. 6. Laundy Hotels at para. 30. 7. Cineplex v. Cineworld, 2021 ONSC 8016 (CanLII) [Cineple......