Facts The Defendants, The Bloody Mary Group Pty Ltd, Brett Viney and Matthew Mitchell and their respective trustee companies were hoteliers and publicans in South Australia. In 2016, the Plaintiffs, Michael Crouch, Nicholas Crouch and Alini Pty Ltd, entered into an […]
Category: Corporate Law
Westpac Securities Administration Ltd & Anor v Australian Securities and Investments Commission [2021] HCA 3
Facts Each of Westpac Securities Administration Ltd and BT Funds Management Ltd (together, “Westpac“) held an Australian Financial Services Licence granted under the Corporations Act 2001 (Cth) (“the Act“) authorising them, as persons carrying on a financial services business in Australia, to provide […]
Stone & Rolls Ltd v Moore Stephens [2009] UKHL 39
Facts Stone & Rolls Ltd (“Stones“) was wholly owned and directed by Mr Stojevic as a one man company. Moore Stephens was a firm of chartered accountants hired to perform audits between 1996 and 1998. Mr Stojevic deceitfully siphoned Stones’ […]
Lennard’s Carrying Co Ltd v Asiatic Petroleum Co Ltd [1915] AC 705
Facts A ship owned by Lennard’s Carrying Co was transporting some goods on a voyage from Novorossiysk, Russia to the Asiatic Petroleum Company, a joint venture of the Shell and Royal Dutch oil companies. The ship unfortunately sank and the cargo […]
Gluckstein v Barnes; Re Olympia Ltd, Ex Parte Gluckstein [1900] AC 240
Facts Gluckstein and 3 others allegedly purchased property for £140,000 and then promoted a company to which they on-sold the property for £180,000. These persons then made up the first directors of the newly formed company. They disclosed the £40,000 […]
Cribb v Korn (1911) 12 CLR 205
Facts Korn was engaged by Rano to assist in agricultural or pastoral work at a place called Barncleuth, of which Cribb was the owner. Cribb had verbally agreed with Rano to lease him two cultivation paddocks at Barncleuth, and any […]
Miah v Khan [2000] 1 WLR 2163
Facts Five persons agreed to open a new restaurant: One was a head waiter; the 2nd was a chef in an Indian restaurant; the 3rd was a chef from another restaurant who provided capital. The 4th person was to be […]
Pioneer Concrete Services Ltd v Galli [1985] VR 675
Facts Under an agreement dated 13 September 1978, control of Apex Quarries Ltd (“Apex“) passed from Lorenzo Galli and Michael Galli to Pioneer Concrete services (“Pioneer“). Pursuant to that agreement, the Gallis resigned from all their positions with Apex in […]
Evans v Federal Commissioner of Taxation (1989) 89 ATC 4540
Facts The Commissioner alleged the taxpayer was a professional gambler for the income tax years of 1977 to 1981 and assessed his winning on an asset betterment basis. Evans received amended assessments pursuant to s 167 of the Income Tax Assessment Act (Cth) […]
Bailey v NSW Medical Defence Union Ltd (1995) 184 CLR 399
Facts Doctors had become members of the Medical Defence Union which helped in meeting costs of litigation brought against them. When Dr Bailey died, the assistance ceased and action was brought against his estate for $500,000. Held The High Court […]
