Firmtech Aluminium Pty Ltd v Xie; Zhang v Xu; Xie v Auschn Conveyancing

[2024] NSWSC 1293

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Corporations
2. › Directors and officers
3. › Duties under Corporations Act 2001 (Cth), ss 180, 181, 182
4. › Involvement of third parties in contraventions of ss 180, 181, 182
5. › Remedies under s 1317H
1. Corporations
2. › Fiduciary duties owed by director
3. › Fiduciary duties owed by employee
4. › Scope of fiduciary duties of employee
5. › Whether fiduciary duties modified by agreement to “close down” corporation
1. Equity
2. › Fiduciaries
3. › Conflict Rule
4. › Profit Rule - Whether director and employee diverted business opportunities from principal to companies which they controlled
5. › Whether informed consent
6. › Liability of third parties under rule in Barnes v Addy
1. Corporations
2. › Whether affairs of company conducted in a manner that was contrary to interests of members as a whole, and oppressive to, unfairly prejudicial to, or unfairly discriminatory against a member