Crosbie, in the matter of Australian Motor Finance Limited (Receivers and Managers Appointed) (No 2) [2009] FCA 1100

Crosbie, in the matter of Australian Motor Finance Limited (Receivers and Managers Appointed) (No 2) [2009] FCA 1100

Mr Angeleri, by his own admission, was guilty of breaches of trust and duty as an officer of the company by applying trust funds for his own benefit. The requirements of s 598 were satisfied, justifying an order for repayment of the relevant sums plus interest and costs.

Jurisdiction
Australia
Judgment Date
29 September 2009
Procedural Posture
Corporations Law Application Under S 598 of the Corporations Act 2001 (cth) / Judgment and Orders Following Interlocutory Application
Outcome
Orders made against Mr Angeleri for repayment, interest, and costs.
Legal Topics
['breach of Trust' 'breach of Duty' 'application Under S 598 Corporations Act']
['corporations Law' 'trusts and Equity'] ['breach of Trust' 'breach of Duty' 'application Under S 598 Corporations Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Law Application Under S 598 of the Corporations Act 2001 (cth) / Judgment and Orders Following Interlocutory Application

Legal Issues

  1. 1 ['Whether Mr Angeleri was guilty of breach of trust or duty in relation to AMFC/AMFL' 'Whether sum should be repaid by Mr Angeleri to Receivers and Managers under s 598 of the Corporations Act']

Ratio Decidendi

Mr Angeleri, by his own admission, was guilty of breaches of trust and duty as an officer of the company by applying trust funds for his own benefit. The requirements of s 598 were satisfied, justifying an order for repayment of the relevant sums plus interest and costs.

Court Disposition

Orders made against Mr Angeleri for repayment, interest, and costs.

Orders

  • ['Mr Denis Dalmo Angeleri to pay the Applicants $171,986.09 plus interest accrued.' 'Mr Denis Dalmo Angeleri to pay the costs of and incidental to this application.']