CORPORATIONS - directors' duties - fraudulent breach of duty - whether actual knowledge required - whether acting as de facto directors - divestiture of assets - whether purpose of transactions to leave no asset to meet future claim
INSOLVENCY - whether reasonable grounds to expect insolvency - whether unliquidated damages are a debt due and payable - whether failure to have regard to interests of unsecured creditor
PRACTICE AND PROCEDURE - whether pleaded case extended to non-intentional breach of duty - case opened beyond pleadings - whether plaintiff should be held to pleaded case
Acts Cited:
Case Details
Citation[2004] NSWSC 71
CourtNSWSC
JurisdictionNew South Wales
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