TABL2741 EXAMS BUNDLE | Questions Correctly Answered

James Hardie case Gillfillan v ASIC [2012] NSWCA 370 - ANSWER - breach of s180(1) duty of care 1) James Hardie Board approved defective draft ASX media release 2) ASX media release was misleading sanctions > bans > fines

Gives co. ability to enter contract in own name + full contractual capacity by abolishing doctrine of ultra vires - ANSWER s 124, 125 Exceptions under Turquands Rule- Indoor Mngmt. Actual knowledge, put on inquiry- suspicion - ANSWER s 128 Eg. of Indoor Mngmt- no procedural defects in the appoin...

Lifting the corporate veil - for insolvent trading - ANSWER S 588G Director duties - ANSWER S180-184 > Duty to exercise care and diligence > BJR (business judgement) - ANSWER S180 Directors duties > to act honestly - ANSWER S181

United Dominions Corp v Brian - ANSWER Joint Ventures: association of persons for purpose a particular financial undertaking with a MUTUAL VIEW TO PROFIT -> Produce a product to be shared in a JV rather than cash sharing Daoud v Boutros - ANSWER distinction between partnership and joint ventur...

case that cast principle of separate corporate personality in STONE - ANSWER Salomon: applies as between a company and its shareholders who are personal individuals, AND as between a subsidiary and its parent company Corporate Veil - ANSWER a concept which describes the artificial screen that sep...

Sole trader: Definition - ANSWER The person carrying on business as an independent Individual. The business is the individual and they are indistinguishable. The business is owned and controlled by 'X' who enjoys all the profits and is directly liable for tax on income earned. Sole trader: Liab...