CONTRACT — proper law of the contract — whether the proper law of the contract is New South Wales or Western Australia; SALE OF GOODS — contract for sale of unascertained goods — whether goods ascertained — whether title to property had passed from defendant to plaintiff — whether commingling affects ascertainment — whether property acquired through share in bulk pursuant to s 25A Sale of Goods Act 1923 (NSW); SECURITIES — personal property securities — Personal Property Securities Act 2009 (Cth) — whether property a "security interest" pursuant to s 12; CORPORATIONS — Corporations Act 2001 (Cth) ss 442C, 447E and 1324(10) — whether administrators' disposition of property was in contravention of s 442C — whether private law claim for damages available for contravention of s 442C — whether plaintiff has right to damages under s 1324(10) for contravention of s 442C — whether plaintiff should be permitted to rely on remedy under s 447E sought only in final submissions; EQUITY — fiduciary duties — whether vendor bailee owed a fiduciary duty to purchaser bailor — whether administrators knowingly assisted company in breach of fiduciary duty
Case Details
Citation[2014] NSWSC 1136
CourtNSWSC
JurisdictionNew South Wales
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