Federal Court of Australia
JUDGMENT No 3867 8%.
CATCHWORDS
BANKRUPTCY ~- deed of assignment - debtors carried on farming business for undisclosed company - directors of company - receipt of wheat sale proceeds - whether agents of company - whether entitled to indemnity ~ lien - company an liquidation — mutual
debts credits and dealings.
COMPANIES -— directors - whether agent of company - authority to bind company.
Bankruptcy Act 1966 Companies (Western Australia) Code s,218, s.438(2)
Ford, Principles of Company Law (4th Edition), para.522 Gower'sS Principles of Modern Company Law (4th Edition), p.194
Fridman's Law of Agency (5th Edition) Bowstead on Agency (15th Edition) Goff and Jones, The Law of Restitution (2nd Edition), p.258
Anson's Law of Contract (26th Edition), p.549 Snell's Principles of Equity (28th Edition), p.450
Re Haycraft Gold Reduction and Mining Co. [1900] 2 Ch.230 D'Arcy v Tamar, Kit Hill and Callington Ry. Co. L.R. 2 Ex. 158 Collie's Claim LR. 12 Eq.246
Rama Corporation v Proved Tin & General Investments Ltd [1952] 2 QB 147
Harmond Properties Ltd v Gajdizis [1968] 1 WLR 1858
Sims v Bond (1833) 5 B. & Ra. 389; 110 ER 834
Day & Dent Constructions Pt Ltd (In Liq) v North Australian Properties Pty Ltd (Provisional Liquidator Appointed) (1982) 150 CLR 8
Hiley v Peoples Prudential Assurance Co. Ltd (1938) 60 CLR 468 In re Fenton. Ex parte Fenton Textile Association Ltd (No. 1)
(1931) I ch-85 In re Daintrey. Ex parte Mant [1900] 1 QB 546
RE: LAWRENCE MICHAEL CLUNE and VALMA ELIZABETH CLUNE
EX PARTE: EVAN ROBERT VERGE the Trustee of the property of LAWRENCE MICHAEL CLUNE and VALMA ELIZABETH CLUNE and ISABELLA NOMINEES PTY LTD (IN LIQUIDTION) ~ ~~ No. 72 of 1986/X
FRENCH J. PERTH 20 JULY 1988
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE OF
) ) GENERAL DIVISION ) ) ) )
WESTERN AUSTRALIA
NO. 72 of 1986/X
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate