In the matter of Hillsea Pty Limited [2019] NSWSC 1152 — Formation & Corporations — Barrister AI

In the matter of Hillsea Pty Limited

[2019] NSWSC 1152

Supreme Court of NSW

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Interrogate

Catchwords

1. Contracts
2. › formation
3. › intention to create legal relations
4. › alleged oral agreement to pay interest on loans from family company at specified rate
5. › where some interest payments were made
6. › where evidence of conversations with deceased party to alleged oral agreement was unsatisfactory
7. › whether legally binding obligation to pay interest at specified rate established.
1. Corporations
2. › claim for overpayment of director’s remuneration
3. › family company
4. › where informal arrangements for remuneration of directors
5. › where no challenge to earlier informal arrangements in respect of another director
6. › where director made payments from company funds to third parties
7. › whether remuneration paid to director and payments to third parties should be validated under s 1322 of the Corporations Act 2001 (Cth).
1. Corporations
2. › application for winding up
3. › solvent company
4. › where original purpose of company no longer implemented
5. › where failure of personal relationships between shareholders
6. › whether company should be wound up under ss 461(1)(c) or 461(1)(k) of the Corporations Act 2001 (Cth).

Case Details

Citation[2019] NSWSC 1152

CourtNSWSC

JurisdictionNew South Wales

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Cited by22

2025Alley v Telstra Corporation LimitedNSWSC 1581
2025Kronenberg v MacaulayNSWCA 195
2024Macaulay v MacaulayNSWSC 1547
2024Coster v CosterNSWSC 1104
and 18 more after sign-in

Relies on27

2019Blendell v Byrne & Ors; The Estate of Noeline Joan BlendellNSWSC 583
2018Ngarluma Aboriginal Corporation RNTBC v RamirezFCA 1900
2017In the matter of Hillsea Pty LtdNSWSC 1870
2015John Holland Pty Limited v Kellogg Brown & Root Pty LtdNSWSC 451
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