13 Nov 2012
JF MANAGH V AE BRITTON AND WC GREVILLE HC NAP CIV-2011-441-678
- Citation
- openlaw-79429a59_c8b1_4848_ae3a_661c2d27c093.pdf
- Court
- High Court
The strike‑out application was dismissed because the settlement between the liquidator and the third party only barred claims by the liquidator and did not preclude distinct shareholder claims under s301; the defendants had an arguable case that the third party could be a de facto director. The defendants' application for further discovery was refused because the requested documents were not shown to be directly relevant under the applicable discovery standard, some had already been inspected and administrative relisting would be disproportionate; requests to inspect liquidator time records a…
- Directors' duties
- Reckless trading
- Deemed/director de facto (s126)
- Restitution (s301)
- Discovery
- Strike out (r15.1)