EQUITY - Fiduciary duties - Breach - Director and company - Alleged misapplication of company's funds - Whether money paid to defendant by director belonged to plaintiff company - Whether money paid to defendant constituted a misapplication of company funds to actual or constructive knowledge of defendant.
EVIDENCE - Proof - Burden or onus - Whether plaintiff able to discharge onus on case alleged - Availability of Presumption of Undue Influence - Rebuttal of presumption.
REMEDIES - Declarations - Onus of Proof - Depends on substantive character of contest - Proceedings on cross claim ancillary to principal proceedings.
PROCEDURE - Civil - Parties - Standing - Corporation - Internal disputation - Affect on third party claim.
Case Details
Citation[2013] NSWSC 1114
CourtNSWSC
JurisdictionNew South Wales
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