K. & A. LAIRD (N.S.W.) Pty Ltd (In Liquidation) v AIDZAN Pty Ltd (In

[2023] NSWSC 603

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Equity
2. › fiduciary obligations
3. › purchase of property by entity associated with director
4. › where purchase funded by company and by borrowings
5. › where property then leased to company - whether director of company breached no conflict and no profit duties
6. › whether knowing receipt of trust property
7. › whether remedial constructive trust is established
8. › whether cause of action is time barred
1. Torts
2. › Negligence
3. › where director caused the company to leave a large industrial property dormant
4. › where director did not wind up the company and paid himself a salary and caused the company to continue to pay rent to a company associated with him while trading at a loss - whether director breached his general law duty of care and diligence
5. › whether cause of action is time barred
1. PROCEDURE - fraudulent concealment
2. › where Plaintiff relied on s 55 of the Limitation Act 1969 (Cth) to overcome limitation defences
3. › whether knowledge of claims should be imputed to the corporate Plaintiff
1. Corporations
2. › Directors’ duties
3. › whether director should be relieved from liability under s 1318 of the Corporations Act 2001 (Cth)