› Discussion of the law’s view of capacity as time- and task-specific, as pronounced by the High Court in Gibbons v Wright (1954) 91 CLR 423; [1954] HCA 17
› Specific discussion of the nature of the task involved in making a Will, appointing an enduring power of attorney and issuing shares and appointing directors/secretaries in respect of a sole director and sole shareholder company
Evidence
› Opinion evidence
› Letters of instruction
› Where multiple instruments executed
› Letter of instruction to expert ought to be nuanced to reflect what capacity is required by the instrument maker in understanding the nature of what he or she is doing or effecting in relation to signing each different instrument
Corporations
› Means by which a company may make decisions
› Effect of lodgement of ASIC Form 484 recording change of directorship, secretaryship and issue of shares
Corporations
› Functions of directors and secretary and means of appointment
› Nature of such appointments
Case Details
Citation[2024] NSWSC 1442
CourtNSWSC
JurisdictionNew South Wales
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