NSW Caselaw
New South Wales Supreme Court
CITATION : AD'TEL DIGITAL SYSTEMS GROUP PTY LTD (IN LIQ) v FUTURE CORPORATION AUSTRALIA LTD (FORMERLY TELCO AUSTRALIA LTD) & ORS [2007] NSWSC 566
HEARING DATE(S) : 29 - 31/05/2007
JUDGMENT DATE : 18 June 2007
JURISDICTION : Equity
JUDGMENT OF : Bryson AJ at 1
DECISION : 1. Give judgment for the second and third defendants.; 2. Give judgment for the fourth and fifth defendants with costs.
CATCHWORDS : CORPORATIONS - Directors' Duties - claim that directors of parent and subsidiary entered into an agreement for the parent to sell the subsidiary's assets without considering and protecting the interests of the subsidiary which was not a party to the agreement: on the facts, the subsidiary's loss of assets was not shown to have been caused by the agreement.
LEGISLATION CITED : Corporations Act 2001
Ad'Tel Digital Systems Group P/L (In Liq.) - Plaintiff Future Corporation Australia Ltd - 1st Defendant Alan John Thompson - 2nd Defendant PARTIES : Graham Douglas Favell - 3rd Defendant Terry Cuthbertson - 4th Defendant Siegfried Bernhardt Konig - 5th Defendant Geoffrey Thomas - 6th Defendant
FILE NUMBER(S) : SC 3882 of 2002
Mr S Golledge - Plaintiff Alan John Thompson - 2nd Defendant in Person COUNSEL : Mr G Drew - 4th Defendant Mr G Rundle - 5th Defendant Geoffrey Thomas - 6th Defendant in Person
Purcell Insolvency Lawyers - Plaintiff SOLICITORS : Mendika Law Pty Ltd - 4th Defendant Southern Cross Lawyers - 5th Defendant
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