Federal Court of Australia
Federal Court of Australia
Pleash (Liquidator), in the matter of SFG Relocations Pty Ltd v Fourie (No 3) [2024] FCA 583 File number: NSD 817 of 2021
Judgment of: STEWART J
Date of judgment: 5 June 2024
Catchwords: CORPORATIONS – where the liquidator of a company in a group of companies seeks the return of trade marks for the benefit of its creditors or, failing that, equitable compensation or damages for the value of the trade marks – where the first defendant was the director of the company from which the trade marks were transferred on each of two successive occasions – whether the transfers were unreasonable director-related transactions – whether the director breached s 180, 181 and/or 182 of the Corporations Act 2001 (Cth) or their fiduciary duties – whether the transferee companies received the trade marks in knowing receipt of property in breach of trust and held the trade marks on constructive trust – whether the trade marks must be returned to the company
Legislation: Acts Interpretation Act 1901 (Cth), s 2C Corporations Act 2001 (Cth), ss 91, 180, 181, 182, 187, 459A, 471B, 513C(a), 588FB, 588FDA, 588FE(6A), 588FF, 1317E, 1317H
Cases cited: Barnes v Addy (1874) LR 9 Ch App 244 Chew v R [1992] HCA 18; 173 CLR 626 Equiticorp Finance Ltd (in liq) v Bank of New Zealand (1993) 32 NSWLR 50 Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd (in liq) [2022] NSWSC 394 Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6; 200 FCR 296 Hospital Products Ltd v United States Surgical Corporation [1984] HCA 64; 156 CLR 41 Pearce v Gulmohar Pty Ltd [2017] FCA 660 Pleash (Liquidator), in the matter of SFG Relocations Pty Ltd v Fourie (No 2) [2024] FCA 182 R v Byrnes & Hopwood [1995] HCA 1; 183 CLR 501 Re Bryve Resources Pty Ltd [2022] NSWSC 647; 163 ACSR 310 Re Great Wall Resources Pty Ltd (in liq) [2013] NSWSC 354 Re IW4U Pty Ltd (in liq) [2021] NSWSC 40; 150 ACSR 146 Super 1000 v Pacific General Securities [2008] NSWSC 1222; 221 FLR 427 Tang v Roths Holdings Australia Pty Ltd, AXL Financial Pty Ltd (in liq) [2023] FCA 492 Vasudevan v Becon Construction (Australia) Pty Ltd [2014] VSCA 14; 41 VR 445 Walker v Wimborne [1976] HCA 7; 137 CLR 1 Ziade Investments Pty Ltd (in liq) v Welcome Homes Real Estate Pty Ltd [2006] NSWSC 457; 57 ACSR 693
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