New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Corporations


   

  1. 16/12/2016
    Corporations: oppression and unfair prejudice; application for relief on basis of oppression; s 234 Corporations Act; standing as a member; plaintiff asserts beneficial ownership of share in company; claim for rectification of register to record plaintiff as member; whether plaintiff should be permitted to seek relief in case of oppression in same proceedings as claim for rectification of register
     

    Treadtel International Pty Ltd v Cocco  [2016] NSWCA 360
  2. 16/12/2016
    Corporations: winding up; application on grounds other than insolvency; s 462(2)(c) Corporations Act; standing as a contributory; plaintiff not registered holder of shares; claim for rectification of register to record plaintiff as holder of share; whether plaintiff should be permitted to seek winding up order in same proceedings as claim for rectification of register
     

    Treadtel International Pty Ltd v Cocco  [2016] NSWCA 360
  3. 16/12/2016
    Corporations: winding up; application on grounds other than insolvency; standing; classes of person who can apply for a winding up order; s 462(2)(b) Corporations Act 2001 (Cth); creditors including contingent or prospective creditors; whether plaintiff should be permitted to seek winding up order in same proceedings in which damages claim is made
     

    Treadtel International Pty Ltd v Cocco  [2016] NSWCA 360
  4. 14/12/2016
    Corporations: company wound up in insolvency by reason of tax debt; tax debt the subject of pending review proceedings in the Administrative Appeals Tribunal; application to stay winding up order pending determination of appeal
     

    Peter Sleiman Investments Pty Limited as trustee for the Sleiman Family Trust v Deputy Commissioner of Taxation  [2016] NSWCA 355
  5. 09/12/2016
    Corporations: fiduciary duties owed by a director; national company incorporated to promote the interests of shareholders as leading businesses in the fitness training industry; national company operates on a non-profit basis; shareholders operate separate businesses in different states; shareholders meet the expenses of the national company; scope of director’s duties to the national company; whether Shareholders Agreement can be taken into account in determining the scope of fiduciary duties; whether director breached fiduciary duties
     

    Australian Careers Institute Pty Ltd v Australian Institute of Fitness Pty Ltd  [2016] NSWCA 347
  6. 29/11/2016
    Corporations: winding up; voidable transactions; application for orders pursuant to Corporations Act 2001 (Cth) s 588FF(1), which empowers court to make orders in respect of voidable transactions upon the application of a company’s liquidator; procedural conduct of matters left to state law; whether Civil Procedure Act 2005 (NSW) ss 64 and 65 “picked up” by Judiciary Act 1903 (Cth) s 79; whether Corporations Act s 588FF(3) “otherwise provides” such that powers of amendment under Civil Procedure Act not “picked up”; s 588FF(3) imposes time limit for bringing of application; whether time limit in s 588FF(3) applies in relation to each individual transaction that the liquidator seeks to impugn
     

    Sydney Recycling Park Pty Ltd v Cardinal Group Pty Ltd (in liq)  [2016] NSWCA 329
  7. 28/11/2016
    Corporations: winding up; statutory demand; application for order setting aside; primary judge dismissed application on finding lack of genuine dispute about the existence of the debt the subject of the demand; creditor alleged indebtedness arising from payment by way of loan; company alleged a different characterisation of the payment; primary judge regarded company’s contention as to characterisation as inherently implausible; whether all such matters so devoid of plausibility as to require no further investigation
     

    Ligon 158 Pty Ltd v Huber  [2016] NSWCA 330
  8. 22/11/2016
    Corporations: directors; duties owed to companies; whether use by third appellant of respondents’ documents amounted to breach of statutory and fiduciary duties
     

    Link 2 Pty Ltd v Ezystay Systems Pty Ltd  [2016] NSWCA 317
  9. 16/11/2016
    Corporations: application to set aside statutory demand made under Corporations Act 2001, s 459G; procedure for challenging a statutory demand; agreement made between Mr Caratti and two officers of the Australian Taxation Office regarding security for debt; belief that this was “global settlement”; statutory demand served under s 459E(5)

    NSWCA cases cited: Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd [2013] NSWCA 344; (2013) 85 NSWLR 601


    MNWA Pty Ltd v Deputy Commissioner of Taxation  [2016] FCAFC 154
  10. 09/11/2016
    Corporations: directors; claim against company director for breach of statutory duties under Corporations Act 2001 (Cth) ss 181(1), 182(2), 183(3)
     

    Hart Security Australia Pty Ltd v Boucousis  [2016] NSWCA 307