General Advertising Co (Australia) Pty Ltd v Jeffress, Robert & Ors [1995] FCA 884

CATCHWORDS CORPORATIONS - directors' liability for debts - consideration of when debts fall due - whether expected revenue flows can be taken into account under Corporations Law s 592(1)(b) - factual dispute as to whether individuals were directors of company at relevant times. Corporations Law s 592 3M Australia Pty Ltd v Kemish (1986) 10 ACLR 371 Rema Industries and Services Pty Ltd v Coad and Others; Re Taspac Thermoforming Pty Ltd (1992) 7 ACSR 251 Re New World Alliance Pty Limited (Receiver and Manager Appointed); Sycotex Pty Ltd v Baseler and Others (No 2) (1994) 51 FCR 425 TCN Channel Nine Pty Limited v Scotney (unreported decision of the Full Court of the Federal Court delivered 26 October 1995) Carrier Air Conditioning Pty Ltd v Kurda and Others (1993) 11 ACSR 247 Group Four Industries Pty Ltd v Brosnan & Anor (1992) 8 ACSR 463 Statewide Tobacco Services Ltd v Morley (1990) 8 ACLC 827 No G 3282 of 1993 GENERAL ADVERTISING COMPANY (AUSTRALIA) PTY LIMITEDApplicant - and - ROBERT JEFFRESS First Respondent - and - JAMES WATTS Second Respondent - and - ROBERT JEFFRESS Cross Claimant - and - ROBERT IAN ASHWOOD Cross-Respondent Branson J Sydney (Judgment delivered in Adelaide via video link-up) 3 November 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No G 3282 of 1993 ) GENERAL DIVISION ) BETWEEN: GENERAL ADVERTISING COMPANY (AUSTRALIA) PTY LIMITED Applicant - and - ROBERT JEFFRESS First Respondent - and - JAMES WATTS Second Respondent - and - ROBERT JEFFRESS Cross Claimant - and - ROBERT IAN ASHWOOD Cross-Respondent MINUTES OF ORDER CORAM: Branson J PLACE: Sydney (Judgment delivered in Adelaide via video link-up) DATE: 3 November 1995 THE COURT ORDERS THAT:- 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.