McNally v Harris

[2008] NSWSC 659

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Trusts
2. › trustees
3. › breach of trust
4. › intentional breach by trustee company
5. › liability of director who was the controlling mind of the trustee company
6. › liable under both limbs of Barnes v Addy
1. Torts
2. › injurious falsehood
3. › malice
4. › malice may be shown by some indirect dishonest or improper motive or intention to injure
5. › causation
6. › need for harm of the kind intended or that was a natural and probable consequence of such actions
7. › no loss resulted from notice to ASIC of change to officeholders
8. › loss did result from lodging share transfer notice with company
1. Damages
2. › exemplary damages
3. › punishment for conscious wrongdoing in contumelious disregard of plaintiff’s rights
4. › disregard not contumelious
5. › compensatory damages sufficient
1. Corporations
2. › directors
3. › consent to act
4. › whether consent necessary for person to become a director
5. › an offence to fail to obtain signed consent under s 201D Corporations Act
6. › premise of provision is that person may be a director even though consent not signed