Claims Against Directors - Chris Prestwich
I work hard to keep my programs timely and topical, and so they very much reflect judgments and Court cases over the preceding twelve months. There haven’t been many 420A decisions so that is a topic that “fell off” the program. By contrast claims against directors has forced its way back on with a flurry of cases.
Chris Prestwich will take you through a number of recent decisions including:
- Re Ezyfix Caravan Repairs Pty Ltd (In Liq)  VSC 343 (22 June 2018)  VSC 343 - redirection of insurance claim proceeds and de facto director status
- Simpson v Tropical Hire Pty Ltd (in liq)  QCA 273 Alleged breaches of duties as a director of the respondent in distributing the proceeds of the sale of company’s business
- Australia’s Residential Builder Pty Ltd (In Liq) & Anor v Robert Wiederstein & Ors VSC 37 (9 February 2018)  VSC 37
- Peter Hillig in his capacity as liquidator of ACN 092 745 330 Pty Ltd (in Liquidation) & Anorv Battaglia & Ors  NSWCA 67 (10 April 2018)  NSWCA 67– payments to senior employee’s spouse and family company, de facto director status
- Lewis Securities Ltd (in liq) v Carter  NSWCA 118 (7 June 2018)  NSWCA 118 - fraudulent scheme by director
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