Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brentwood Village Limited (in liq) v Terrigal Grosvenor Lodge Pty Limited (No 4) [2016] FCA 1359 File number: NSD 1123 of 2014
Judge: MARKOVIC J
Date of judgment: 18 November 2016
Catchwords: CORPORATIONS – alleged breach of directors' duties under ss 181 and 182 of the Corporations Act 2001 (Cth) – where the impugned transactions involved the transfer of an asset with no evidence of payment of any consideration and the sale of a second asset for less than market value – where the impugned transactions entered into for the benefit of entities related to the respondent
Legislation: Civil Procedure Act 2005 (NSW) s 100 Corporations Act 2001 (Cth) ss 181, 181(1), 182, 182(1), 1317DA, 1317E, 1317H, 1317H(2) Federal Court of Australia Act 1976 (Cth) s 51A Uniform Civil Procedure Rules 2005 (NSW) r 6.12(8)
Cases cited: Blatch v Archer (1774) 98 ER 969 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 Doyle v Australian Securities & Investments Commission (2005) 227 CLR 18 GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd (2003) 201 ALR 55 Grimaldi v Chameleon Mining NL (No 2) (2012) 200 FCR 296 Ho v Akai Pty Ltd (in liq) (2006) 24 ACLC 1,526 Permanent Building Society v Wheeler (1994) 14 ACSR 109 The Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) (2009) 70 ACSR 1
Date of hearing: 18-22 July 2016
Registry: New South Wales
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