CORPORATIONS -- One man company when articles required two directors -- Administrator invalidly appointed by one director resolution -- Appointment nullity -- Subsequent winding-up deemed to commence before invalid appointment of administrator, namely on date application earlier made to wind-up company -- Relation back period for insolvent transactions therefore calculated by reference to date of winding-up application -- No remedial order available under s1322 or s447A.
Acts Cited:
Companies Act 1961 of NSW s114 amended by Act No. 61 of 1971
Corporations Law s9, s221(1), s447A, s468, s479(3), s513A and C, s588FE
Case Details
Citation[1999] NSWSC 798
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
