Katingal Pty Ltd v Amor [1999] FCA 317

FEDERAL COURT OF AUSTRALIA

Katingal Pty Ltd v Amor [1999] FCA 317 CORPORATIONS – leave to sue company in liquidation - allegation (grounded on breach of fiduciary duty by founder and shareholder of company) of constructive trust over the whole of the business of the company – whether such a constructive trust excludes rights of creditors – nature and incidents of a constructive trust over a business – application dismissed. Corporations Law, s 500(2)

Vagrand Pty Limited v Fielding (1993) 41 FCR 550 referred to Re Sydney Formworks Pty Ltd (In Liq) (1965) 82 WN (Pt 1) (NSW) 558 referred to Ogilvie-Grant v East (1983) 1 ACLC 742 referred to Meehan v Stockmans Australian Cafe (Holdings) Pty Ltd (1996) 22 ACSR 123 applied Executive Director of the Department of Conservation and Land Management v Ringfab Environmental Structures Pty Ltd (Lee J, unreported, 6 November 1997) applied Attorney-General for Hong Kong v Reid [1994] 1 AC 324 distinguished Beatty v Guggenheim Exploration Co (1919) 122 NE 378 applied Hospital Products Limited v United States Surgical Corporation (1984) 156 CLR 41 applied Daly v The Sydney Stock Exchange Limited (1986) 160 CLR 371 applied Muschinski v Dodds (1985) 160 CLR 583 applied Warman International Limited v Dwyer (1995) 182 CLR 544 applied Consul Development Pty Limited v D.P.C. Estates Pty Limited (1975) 132 CLR 373 applied United States Surgical Corporation v Hospital Products International Pty Ltd [1983] 2 NSWLR 157 applied

KATINGAL PTY LIMITED & ORS v BARRY CHARLES AMOR & ORS NG 3178 of 1991 Burchett J 26 March 1999 Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3178 of 1991

BETWEEN: KATINGAL PTY LIMITED

First Applicant

PAUL BOYCE PTY LIMITED

Second Applicant

FLEXIBLE MANUFACTURING SYSTEMS PTY LIMITED