In the Matter of Auzhair Supplies Pty Ltd (in Liq)

[2013] NSWSC 1

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. LIMITATION OF ACTIONS — Equitable claims — breach of trust — whether claim in respect of a fraudulent breach of trust — whether claim for breach of directors' duties is a claim in respect of a breach of trust — application in equity of statutory limitation period by analogy — whether claim for equitable compensation including profits for breach of general law directors' duties sufficiently analogous to claim for statutory compensation under Corporations Act, s 1317H that limitation period in s 1317K should apply — whether inequitable in particular circumstances of case to apply limitation period by analogy
1. CORPORATIONS — Limitation of actions — whether running of limitation period against deregistered corporation can be suspended upon reinstatement under Corporations Act, s 601AH(3) — whether claim for equitable compensation including profits for breach of general law directors' duties sufficiently analogous to claim for statutory compensation under Corporations Act, s 1317H that limitation period in s 1317K should apply — whether inequitable in particular circumstances of case to apply limitation period by analogy