Daniel Wignall

Daniel acted for a Japanese publicly listed company in a dispute arising from a share sale transaction concerning one of its subsidiaries. The dispute centred around a post-completion balance sheet adjustment. The dispute ultimately resulted in a claim, and a cross-claim, being progressed in the Supreme Court of New South Wales (Equity division) and dealt with complex issues as to contractual interpretation, uncertainty, estoppel, and rectification arising from the parties pre-contractual conduct.

MK acted for the founders of a group of companies which conducted a frozen meals business, who had sold their shares to an unlisted public company for a minimum purchase price plus an earnout. The clients were sued by the purchaser for breaches of warranties in the share sale agreement and for misleading or deceptive conduct. The clients cross-claimed for breaches of the share sale agreement, misleading or deceptive conduct, oppressive conduct and unlawful financial assistance. The matter involved complex and novel issues of law in relation to the oppression and financial assistance provisions of the Corporations Act 2001 (Cth).

Daniel acted for plaintiffs claiming damages against a national accounting firm alleged negligence tax advice, with the firm joining its insurer as a third party in the proceeding. The matter involved complex tax issues as the plaintiffs’ loss and damage was referrable to the resolution of a preceding tax dispute with the ATO and a counterfactual outcome based on expert evidence.