Taxa Australia Pty Ltd v G Wang & Anor [2018] NSWSC 1412

Supreme Court New South Wales

Medium Neutral Citation: Taxa Australia Pty Ltd v G Wang & Anor [2018] NSWSC 1412 Hearing dates: 7 – 8 August; 16 – 17 August and 23 August 2018 Decision date: 14 September 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Plaintiff succeeds in its claim against the First Defendant, whose Cross-Claim fails in its entirety. The Plaintiff succeeds in its claim against the Second Defendant, subject to an amount offset by the Second Defendant's partly successful Cross-Claim. Parties to bring in short minutes of order to give effect to this judgment within 21 days. Catchwords: CORPORATIONS – duties and liabilities of director – claim for breach of Corporations Act 2001 (Cth) ss 180, 181, 182 and corresponding general law duties – duty of care and diligence – duty to act in good faith in the company's best interests – duty to not improperly use position to gain advantage or cause detriment to company – where director of company caused its customers to make payments into bank account which was not in name of or controlled by the company - whether conduct of director amounted to breach of statutory and general law duties.

CORPORATIONS – duties and liabilities of employee – claim for breach of Corporations Act 2001 (Cth) s 182 and corresponding general law duty – duty to not improperly use position to gain advantage or cause detriment to company – implied duty of good faith and fidelity not to engage in conduct which impedes faithful performance of obligations – where employee diverted amounts due to company to an account under her control – whether conduct of employee amounted to breach of statutory and general law duties. CORPORATIONS – duties and liabilities of director – claim for breach of Corporations Act 2001 (Cth) ss 180, 181, 182 and corresponding general law duties – duty of care and diligence – duty to act in good faith in the company's best interests – duty to not improperly use position to gain advantage or cause detriment to company – where director of company caused its customers to make payments into bank account which was not in name of or controlled by the company - whether conduct of director amounted to breach of statutory and general law duties.