Jin Niu Investments Pty Ltd v Wang (No 2) [2020] NSWSC 649 — Directors Duties & Fiduciary Duties — Barrister AI

Jin Niu Investments Pty Ltd v Wang (No 2)

[2020] NSWSC 649

Supreme Court of NSW

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Interrogate

Catchwords

1. Corporations
2. › Directors duties
3. › duty to act in good faith and not improperly use position to gain advantage
4. › where directors made cash payments to themselves without authorisation
5. › where expenses unreasonably incurred
6. › breach of statutory obligations owed to company
1. Equity
2. › Fiduciary duties
3. › Directors
4. › duty to not take profits or pursue advantage from company for themselves
5. › misappropriation of company funds
6. › breach of fiduciary obligations owed to company
7. › directors liable to account
8. › knowing assistance in a dishonest breach of fiduciary duty
9. › declarations and equitable compensation ordered
1. Equity
2. › Trust and trustees
3. › Quistclose trusts
4. › funds advanced to joint venture company to be used for joint venture business
5. › where funds advanced as working capital
6. › no express intention create a trust
7. › Quistclose trust not established
1. Equity
2. › Trust and trustees
3. › Resulting trusts
4. › Purchase money trusts
5. › where funds from joint venture company used to purchase interests in property in another’s name
6. › resulting trusts established
7. › trustees liable to account for sale proceeds
8. › knowing assistance by third parties in dishonest and fraudulent design
9. › third parties liable to account for sale proceeds as trust property

Case Details

Citation[2020] NSWSC 649

CourtNSWSC

JurisdictionNew South Wales

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Cited by2

Relies on31

2019Jin Niu Investments Pty Ltd v WangNSWSC 1697
2019Clementi v RossiVSC 725
2019Hoh v Ying Mui Pty LtdVSCA 203
2017Rambaldi (Trustee) v Commissioner of Taxation, in the matter of Alex (Bankrupt)FCAFC 217
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