Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ralph v Diakyne Pty Ltd (ACN 099 168 402) [2010] FCAFC 18 Citation: Ralph v Diakyne Pty Ltd (ACN 099 168 402) [2010] FCAFC 18
Appeal from: Diakyne Pty Ltd v Ralph and Another (2009) 72 ACSR 450
Parties: PAUL RONALD RALPH and COLORADO INVESTMENTS PTY LIMITED (ACN 063 688 611) v DIAKYNE PTY LTD (ACN 099 168 402)
File number(s): NSD 856 of 2009
Judges: FINN, SUNDBERG & JACOBSON JJ
Date of judgment: 4 March 2010
Catchwords: CORPORATIONS – directors' duties – whether any reasonable person exercising the powers and discharging the duties as a director of the corporation would have authorised or directed the payment to be made CONTRACTS – provision in contract entitling second appellant to bonus payment subject to conditions – proper construction of bonus provision
Legislation: Corporations Act 2001 (Cth) ss 180, 181, 182
Cases cited: Re HIH Insurance Limited (in prov liq) and Ors v Adler and Ors (2002) 41 ACSR 72 referred to Australian Securities and Investments Commission v Rich (2009) 75 ACSR 1 at [7242] referred to Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd and Ors (2006) 156 FCR 1 referred to Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407 referred to
Date of hearing: 10 February 2010
Date of last submissions: 10 February 2010
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