Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Brad is the managing director and one of several directors of a medium size manufacturing company, Cashless Pty Ltd. During early 2017, Cashless Pty Ltd

Brad is the managing director and one of several directors of a medium size manufacturing

company, Cashless Pty Ltd. During early 2017, Cashless Pty Ltd has experienced several

episodes of cash flow shortages in its business operations due to suppliers of its raw materials

requiring payment within 7 days of delivery and purchasers of its products delaying payment on

product shipped for up to 2 months. Some of the customers claimed that the products of

Cashless Pty Ltd had quality control faults which were not discoverable until the customers had

individually inspected each item. Thus, customers were delaying payment until such inspection

could be undertaken.

To overcome the quality control problem, Brad had committed Cashless Pty Ltd to the purchase

of $2 million dollars for a new computer automated manufacturing plant. This new plant was

paid for out of the accumulated profits of Cashless Pty Ltd. The company had invested the

accumulated profits in the short-tenn money market. The investment in the new plant had

virtually depleted the accumulated profits and in doing so had removed the company's only

alternate source of funds which Cashless Pty Ltd relied upon when cash flow was tight in its

business.

Brad has just received a letter from the newly appointed liquidator of Cashless Pty Ltd's largest

customer, Broke Ltd, advising that it was highly unlikely that Broke Ltd would be able to pay

Cashless Pty Ltd the $750,000 owed for products delivered by Cashless Pty Ltd to Broke Ltd.

Brad immediately realised that a loss of this magnitude could very possibly mean that Cashless

Pty Ltd might not be able to meet its current financial commitments.

Brad, as the managing director, calls you and seeks your advice on what avenues are available to

the directors of Cashless Pty Ltd in the circumstances they find themselves, assuming that Broke

Ltd's liquidator is correct.

(a) Advise the directors of Cashless Pty Limited, with reference to the facts above, of the

most appropriate form of external administration available to them under the

Corporations Act 2001 (Cth). Discuss the procedure involved in the most appropriate

alternative you identified and, supported with ,????easons, the most probable outcome.

(14 marks)

(b) Assume a creditor of Cashless Pty Ltd has issued a statutory demand against the

company claiming the repayment of an outstanding debt in the sum of $25,000. The

directors dispute the debt and therefore intend to ignore the statutory demand. With

reference to the Corporations Act 2001 (Cth), fully advise the directors of Cashless

Pty Ltd as to their various legal options and the legal consequences, if any, of

ignoring the statutory demand. ( 6 marks)

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Business Law Text and Cases

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross

12th Edition

978-053847082, 1285834623, 9780538470810, 0538470828, 9781285834627, 053847081X , 978-1111929954

More Books

Students also viewed these Law questions