Carey, in the matter of Carey [2011] FCA 235
Given the factual circumstances of the applicant's bankruptcy, the voluntary and non-financial nature of the directorship, her appropriate qualifications and experience, the structure and oversight of the corporation, and absence of opposition, it is appropriate to grant leave under s 206G for the applicant to manage the specific corporation as director.
- Jurisdiction
- Australia
- Judgment Date
- 17 March 2011
- Procedural Posture
- Application Under Corporations Act S 206 G / Determination of Application for Leave to Manage Corporation
- Outcome
- Leave to manage particular corporation granted
- Legal Topics
- ['director Disqualification' 'leave to Manage Corporation' 'bankruptcy and Corporations']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Under Corporations Act S 206 G / Determination of Application for Leave to Manage Corporation
Legal Issues
- 1 ['Whether leave should be granted to a bankrupt under s 206G of the Corporations Act 2001 (Cth) to manage a particular corporation']
Ratio Decidendi
Given the factual circumstances of the applicant's bankruptcy, the voluntary and non-financial nature of the directorship, her appropriate qualifications and experience, the structure and oversight of the corporation, and absence of opposition, it is appropriate to grant leave under s 206G for the applicant to manage the specific corporation as director.
Court Disposition
Leave to manage particular corporation granted
Orders
- ['The applicant have leave to manage a particular corporation, namely, Consumer Health Forum of Australia Ltd as a director of that corporation and a member of its board of directors.']
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