Sacca v El Saafin (No 2) [2021] FCA 987

Federal Court of Australia

Sacca v El Saafin (No 2) [2021] FCA 987 File number: VID 1439 of 2018

Judgment of: ANASTASSIOU J

Date of judgment: 19 August 2021

Catchwords: CORPORATIONS – proceeding settled in-principle between Plaintiffs and First Defendant – where First Defendant a director of Second Defendant at time of relevant conduct – Second Defendant not a party to the in-principle settlement and did not appear at trial – whether Second Defendant was involved in First Defendant's breach of directors' duties and/or oppressive conduct under Corporations Act 2001 (Cth) – whether Second Defendant was in knowing receipt of property received as a result of First Defendant's breach of fiduciary duty – whether transfer of a licence should be declared void – transfer declared void

Legislation: Corporations Act 2001 (Cth), ss 79(c), 181, 182, 183, 232, 233 Federal Court Rules 2011 (Cth), rr 22.01, 22.02, 22.04, 22.06, 22.07

Cases cited: All Class Insurance Brokers Pty Ltd (in liquidation) v Chubb Insurance Australia Limited (No 2) [2021] FCA 782 Barnes v Addy (1874) LR 9 Ch App 244 Cassegrain v Cassegrain [2012] NSWSC 403 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; 230 CLR 89 Mernda Developments Pty Ltd (in liq) v Alamanda Property Investments No 2 Pty Ltd [2011] VSCA 392; 86 ACSR 277 MG Corrosion Consultants Pty Ltd v Gilmour [2014] FCA 990 Robins v Incentive Dynamics Pty Ltd (in liq) [2003] NSWCA 71; 45 ACSR 244 Sacca v El Saafin [2021] FCA 383 Tesco Supermarkets Ltd v Nattrass [1972] AC 153 Yorke v Lucas [1985] HCA 65; 158 CLR 661