Question
Alex Salmon is a salmon fisherman and fishes at Sydney harbour.Each fisherman has a quota of catching half a ton of salmon fish per month.A
Alex Salmon is a salmon fisherman and fishes at Sydney harbour.Each fisherman has a quota of catching half a ton of salmon fish per month.A fine up to $100,000 is prescribed for fisherman who are caught exceeding this quota.This fine is to deter people from fishing out the supplies of salmon.Alex would like to catch more salmon, in excess of the prescribed limit, but is fearful of being caught and having to pay such a large fine.
Alex's daughter, Shelly, who studied a Company Law course in her business degree, suggested that if Alex formed a company with himself in control, he would effectively double his catch without breaking the law.
(a)Explain the legal reasons for Shelly's suggestion, with reference to relevant principles of company law.Your answer must be supported by relevant precedents.
(b)Explain the likelihood of success of such a plan with reference to relevant principles of company law.Do you think this plan will work?If not, explain why not? Your answer must be supported with reference to relevant precedents.
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