Lawfund Australia Pty Ltd v Lawfund Leasing Pty Ltd and 2 ors

[2008] NSWSC 144

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Corporations
2. › Internal management
3. › Directors
4. › duties
5. › statutory duties
6. › where following failure of joint venture director terminates business of joint venture vehicle and transfers it to her own corporation
7. › whether breach of director’s duty
8. › Oppression
9. › where corporation under management of alleged victim
10. › whether desire of other party to wind up corporation oppressive
1. CORPORATIONS - External management
2. › winding up
3. › just and equitable ground
4. › where substratum of trust and confidence underlying incorporated joint venture fails
5. › whether company should be wound up
1. Contract
2. › Termination
3. › repudiation
4. › where party proposes termination of joint venture upon terms
5. › whether repudiatory
6. › election
7. › where other party evinces intention to continue to perform contract
8. › whether election to affirm
9. › abandonment
10. › where both parties treat agreement as no longer on foot
11. › whether agreement terminated by abandonment
1. Corporations
2. › Remedies
3. › derivative action - compensation
4. › profits
5. › where plaintiff sues on behalf of corporation
6. › where claim is for statutory relief - whether plaintiff can be debarred from statutory relief in derivative action by “unclean hands”