Akierman Holdings Pty Ltd v Akerman (No 2) [2020] NSWSC 970 — Directors And Officers & Ineffective Transaction — Barrister AI

Akierman Holdings Pty Ltd v Akerman (No 2)

[2020] NSWSC 970

Supreme Court of NSW

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Interrogate

Catchwords

1. Corporations
2. › directors and officers
3. › unauthorised transfer by director of company’s share of real property to himself
4. › liability of director as trustee
5. › liability as recipient to make restitution
6. › liability for breach of director’s duties
1. Restitution
2. › ineffective transaction
3. › transfer of company’s share of real property
4. › void for want of authority but registered
5. › whether company entitled to share of increase in value in property and share of net income from property since date of transfer
6. › equitable proprietary relief
1. Equity
2. › jurisdiction in aid of rights at law
3. › transfer of company’s share of real property
4. › void for want of authority but registered
5. › rescission
6. › account of value of property and income derived from it
7. › interest
1. Corporations
2. › director and officers
3. › invalid resolution by director to pay director’s fees to himself
4. › liability as recipient to make restitution
5. › whether director entitled to counter-restitution by way of quantum meruit
6. › whether incontrovertible benefit

Case Details

Citation[2020] NSWSC 970

CourtNSWSC

JurisdictionNew South Wales

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Cited by7

2023Macquarie Units Pty Ltd v Sunchen Pty LtdNSWCA 116
2021Overdean Developments Pty Ltd v Garslev Holdings Pty Ltd (No 3)NSWSC 1482
2021Nassif v SunNSWSC 990
2021Akierman Holdings Pty Limited v Akerman (No 3); In the matter of Akierman Holdings Pty Limited (No 2)NSWSC 869
and 3 more after sign-in

Relies on32

2019Re Iris McLaren (No 2)NSWSC 1894
2019Akierman Holdings Pty Ltd v AkermanNSWSC 1486
2016Great Investments Ltd v WarnerFCAFC 85
2015Cassegrain v Gerard Cassegrain & Co Pty LtdHCA 2
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