INJUNCTIONS -- Final injunction to restrain director from repeating TV and radio advertisements said to be misleading or deceptive either in breach of s42 of Fair Trading Act 1987 (NSW) or of director's fiduciary duty.
TRADE PRACTICES-- Section 42 of Fair Trading Acts -- meaning of "in trade or commerce" -- Silence as misleading conduct in case of a director.
CORPORATIONS -- scope of director's fiduciary duty in advertising campaign for election of a group of directors not to mislead or deceive -- Aggregating previous year's unrealised book loss in carrying values to subsequent year's realised loss.
WORDS AND PHRASES -- "loss" in a transaction -- Capital loss versus capital decline.
Case Details
Citation[1999] NSWSC 859
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
2 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.
