Elan, in the matter of Guild Enterprises Australasia Pty Ltd v Cohen [2020] FCA 79

Elan, in the matter of Guild Enterprises Australasia Pty Ltd v Cohen [2020] FCA 79

Leave to manage Guild Enterprises Australasia Pty Ltd as sole director is granted to Mr Elan, subject to conditions limiting his management strictly to activities required for the operation and litigation of the company, as there is no evidence that granting leave poses a risk to the public and the protective...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Corporations – Application for Leave to Manage Corporation by Undischarged Bankrupt / Judgment on Application for Leave Under S 206 G of Corporations Act 2001 (cth)
Outcome
Application granted
Legal Topics
['leave to Manage Corporation During Bankruptcy' 'director Disqualification' 'corporations Act S 206 G Application']
['corporations Law'] ['leave to Manage Corporation During Bankruptcy' 'director Disqualification' 'corporations Act S 206 G Application']

Source-derived case record

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Procedural Posture

Corporations – Application for Leave to Manage Corporation by Undischarged Bankrupt / Judgment on Application for Leave Under S 206 G of Corporations Act 2001 (cth)

Legal Issues

  1. 1 ['Whether leave should be granted under s 206G of the Corporations Act to permit an undischarged bankrupt to manage a corporation' 'Whether the purpose of s 206G is protective or punitive' 'Whether proposed conditions are adequate to protect the public']

Ratio Decidendi

Leave to manage Guild Enterprises Australasia Pty Ltd as sole director is granted to Mr Elan, subject to conditions limiting his management strictly to activities required for the operation and litigation of the company, as there is no evidence that granting leave poses a risk to the public and the protective purpose of s 206G will not be undermined.

Court Disposition

Application granted

Orders

  • ['The Plaintiff has leave to manage the affairs of Guild Enterprises Australasia Pty Ltd as its sole director subject to the following conditions: (a) That at all times while his disqualification under s 206B(3) of the Corporations Act 2001 (Cth) continues, the Plaintiff will not cause Guild Enterprises Australasia...