Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd (in liq); Yazbek v Gleeson as Liquidator of Atlas Construction Group Pty Ltd (in liq); Fitz Jersey Pty Ltd v Gleeson as Liquidator of Atlas Construction Group Pty Ltd (in liq)

[2021] NSWSC 1692

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contract
2. › oral agreement made at February 2013 Meeting
3. › subject matter of the 2013 Agreement
4. › whether October Letter accurately set out contents of 2013 Agreement
1. Corporations
2. › whether payment of the Dividends was an alienation of property with intent to defraud creditors for the purposes of s 37A of the Conveyancing Act 1919 (NSW)
1. Corporations
2. › whether directors acted in breach of their duties to the first defendant
3. › whether plaintiff has suffered a loss by reason of the payment of the Dividends
4. › whether directors liable to compensate plaintiff for any such loss
1. Corporations
2. › whether the payment of the Dividends was an undue preference for the purposes of s 588FA of the Corporations Act, an uncommercial transaction for the purposes of s 588FB of the Corporations Act, an insolvent transaction for the purposes of s 588FC of the Corporations Act, an uncommercial director-related transaction for the purposes of s 588FDA of the Corporations Act and a voidable transaction for the purposes of s 588FE of the Corporations Act

Citation[2021] NSWSC 1692

CourtNSWSC

JurisdictionNew South Wales

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