NSW Caselaw
New South Wales Supreme Court
CITATION : FOYSTER v FOYSTER HOLDINGS [2002] NSWSC 768 CURRENT JURISDICTION: Equity Division Corporations List FILE NUMBER(S) : SC 2806/02 HEARING DATE(S) : 26/08/02 JUDGMENT DATE : 26 August 2002
David Lloyd Foyster - Plaintiff/Respondent Foyster Holdings Pty Limited (In Liquidation) - First Defendant Ian Lawrence Struthers - Second Defendant Jacqueline Whyatt Foyster - Third Defendant Tasmanian Titanium Pty Limited - Fourth Defendant PARTIES : Peter William Hopkins - Fifth Defendant Hopkins Professional Services Pty Limited - Sixth Defendant Maxwell William Prentice - Seventh Defendant/Applicant Repbrook Pty Limited - Eighth Defendant John Leslie Coggan - Ninth Defendant Michael John Russell - Tenth Defendant JUDGMENT OF : Barrett J
COUNSEL : Mr J T Johnson - Seventh Defendant/Applicant Mr M B Evans - Plaintiff/Respondent kings lawyers - Plaintiff/Respondent SOLICITORS : Sally Nash & Co - Seventh Defendant/Applicant
CATCHWORDS : CORPORATIONS - alleged breach of statutory duty by director by making representations - whether recipient of representations is party to any such breach - declaration of contravention sought under s.1317E - ASIC is only competent applicant for such declaration - claims against recipient struck out LEGISLATION CITED : Corporations Act 2002 (Cth) DECISION : Originating process against seventh defendant dismissed
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