31 Oct 2006
CLARK V LIBRA DEVELOPMENTS LTD AND ANOR CA CA26/05
- Citation
- openlaw-7afdb243_f4a4_4a98_acab_db3fcf4e0e75.pdf
- Court
- Court of Appeal
Majority held there was sufficient evidential foundation for Chisholm J's finding of a partnership-style venture (Southern Developments) involving Clark and Libra/Hyslop; Libra's pre-incorporation role was ratified by conduct, the company’s removal and later restoration are dealt with by s 330(2) which deems continuity and validates acts while off the register, and statutory provisions (including s 158 and s 126) permit the practical recognition of Hyslop's de facto role despite bankruptcy; consequently the High Court declarations that the identified projects were within the venture and that…