Ho v Akai Pty Limited (in liquidation) ACN 001 500 714 [2006 ] FCAFC 159

FEDERAL COURT OF AUSTRALIA

Ho v Akai Pty Limited (in liquidation) ACN 001 500 714 [2006 ] FCAFC 159 PRACTICE AND PROCEDURE – appeal from interlocutory judgment – orders setting aside in part application and service outside jurisdiction – whether prima facie case established for relief sought – O 8 r 2(2)(c) of Federal Court Rules CORPORATIONS LAW – management agreement between Akai Holdings and Grande Group Limited in 1999 – Akai Holdings parent company of Akai Australia – Grande Holdings parent company of Grande Group Limited – Akai Australia wound up in 2000 on grounds of insolvency CORPORATIONS LAW - application sought orders and declarations against Grande Holdings and Chief Executive as deemed officers and/or shadow directors of Akai Australia for contraventions of Corporations Law and Corporations Act 2001 (Cth) relating to insolvent trading – orders sought against Grande Holdings and Grande Group Limited as holding companies of Akai Australia in respect of insolvent trading CORPORATIONS LAW –shadow director claim against Chief Executive and Grande Holdings - management authority given to Grande Group Limited – evidence sufficient to establish prima facie case against Grande Holdings and its Chief Executive CORPORATIONS LAW – officer claim against Chief Executive and Grande Holdings – definition of officer of corporation – in light of conclusion relating to shadow director claim relating to Chief Executive arguable claim as officer of Akai Australia – consequential case against Grande Holdings CORPORATIONS LAW – claims against Grande Group Limited and Grande Holdings as holding companies – whether companies in a position to control composition of Akai Australia's Board or cast or control casting of votes at general meeting of Akai Australia – construction of management agreement – whether agreement authority extended beyond management of company business