Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ample Source International Limited v Bonython Metals Group Pty Limited; In the Matter of Bonython Metals Group Pty Limited [2010] FCA 1479 Citation: Ample Source International Limited v Bonython Metals Group Pty Limited; In the Matter of Bonython Metals Group Pty Limited [2010] FCA 1479
Parties: AMPLE SOURCE INTERNATIONAL LIMITED (BVICN 1575638) v BONYTHON METALS GROUP PTY LIMITED (ACN 141 257 294), JOHN HILLAM and CFM MEDIA HOLDINGS PTY LIMITED (ACN 143 465 909)
File number: NSD 1784 of 2010
Judge: FOSTER J
Date of judgment: 22 December 2010
Catchwords: CORPORATIONS – whether payments procured by the second defendant, a director of the first defendant, were made as a result of breaches of the director's duties owed by the second defendant to the first defendant – prima facie case of breach of duty established – balance of convenience and balance of justice favour the protection of the first defendant's funds – appropriate protective orders made on an interlocutory basis (including orders for the restoration of the first defendant's funds to the first defendant)
Legislation: Corporations Act 2001 (Cth), ss 180–182, 232–234
Cases cited: Australian Competition and Consumer Commission v Allphones Retail Pty Ltd (No 2) (2009) 253 ALR 324 applied Hillam v Leduva Pty Limited [2010] NSWSC 1360 cited Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 applied
Date of hearing: 22 December 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 52
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