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2. The Company's relations with outsiders (10 marks). The directors of Panor Investments Ltd instructed the company's stockbroker to buy 10,000 shares in BHP Group
2. The Company's relations with outsiders (10 marks). The directors of Panor Investments Ltd instructed the company's stockbroker to buy 10,000 shares in BHP Group Ltd on the company's behalf. After the purchase was finalised, BHP Group Ltd sent Panor Ltd a banking form to enable BHP Group dividends to be credited directly into a bank account that Panor Ltd nominated. The banking form had to be signed by either two directors or a director and the company secretary, Instead of inserting Panor Ltd's bank account details on the form, Lawrence, Panor Ltd's secretary, filled in his own bank account details and signed the form as the company's secretary, Lawrence's wife, despite not being a Panor Ltd director, signed as director. Lawrence then posted the banking form to BHP Group Ltd. Several weeks later, BHP Group dividends were credited to Lawrence's account. Not long afterwards Lawrence resigned as secretary and left Australia without telling anyone where he had gone. The misdirection of the dividends was discovered 18 months later as a result of the company audit. BHP Group Ltd agreed to credit Panor Ltd's bank account for future dividend payments but would not reimburse Panor Ltd for the dividends that had been deposited into Lawrence's bank account previously. Your Task: Advise Panor on the likelihood of success in recovery of the past dividends from BHP Group Ltd. Your answer must refer to the relevant Corporations Act 2001 (Cth) sections and case law
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