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Can you please answer these questions? Question Completion Status: men request to call a general meeting. Lucky was considered as a threat to the company

Can you please answer these questions?

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Question Completion Status: men request to call a general meeting. Lucky was considered as a threat to the company by the board. Few days later the company amended its constitution to allow the majority shareholders to compulsorily acquire shares of any shareholder with 1% or less shareholding in the Company. Lucky was so furious that she wanted to go to the court against this amendment to the constitution. New Nirvana went ahead with the expansion, with Lynn signing a contract on behalf of the company with Mighty Ovens Pty Ltd for the purchase on credit of ovens and dishwashers and the associated installation equipment. This debt is never paid. Few months later the company is placed in liquidation on the application of one of its creditors. Answer the following questions: Q1. Crimson Properties is now in financial difficulties and has defaulted on the loan from Orion Bank. Orion Bank is seeking to enforce its rights under the mortgage against New Nirvana Pty Ltd. Advise New Nirvana whether it is bound by the mortgage. (5 marks) Q2. Advise Rhonda on whether she can prevent the company from terminating her services as an information technology manager in this way by breaching a provision of the constitution. (5 marks) Q3. What duties (both statutory and general law) have been breached by the directors of this Company? Who can take action against the directors for their alleged breach of duties? What are the consequences of the breach of those alleged duties? (15+3+4) = 22 marks Q4. Can the members call the general meeting? (5 marks) Q5. What legal remedies Lucky has against the expropriation of her shares? (5 marks) Q6. If company does not take action, how Rhonda or Fred as minority shareholders can bring action against Click Save and Submit to save and submit. Click Save All Answers to save all answers. Save All Answers Save and Submit 10:27 AQUESTION 1 50 points Read the facts carefully and answer all 6 questions with their parts. You must refer to relevant law (sections of the Corporations Act 2001 (Cth) and case(s)) to substantiate your arguments. Facts: New Nirvana Pty Ltd (New Nirvana) is a company that installs kitchen doors. The company has appointed four directors, Ann, Mark, John and Lynn. Lynn has been appointed as managing director. John is appointed to the board because of his accountancy skills. All directors each have a shareholding of 20%. The remaining 20% shares are owned by Rhonda (15%), Fred (4%) and Lucky (1%). The company was originally extremely profitable, however, despite the company's continuous profits the board of directors decided not to declare a dividend for few years. Instead they gave themselves pay rises and arranged for the company to lease two new Mercedes-Benz cars for their personal use. Recently the company began to suffer cash flow problems and experienced a number of issues. Ann, an interior designer, rarely attends board meetings due to her busy practice. Some time ago Lynn signed a contract with Orion Bank to borrow $1.5 million to fund her husband's property development business, Crimson Properties Pty Ltd where she was the chairwoman and the majority shareholder. The business already had a large overdraft and had no unencumbered assets to use as security for another loan. Lynn organised the loan to Crimson Properties on the basis that New Nirvana would guarantee the loan by executing a mortgage over its waterfront land which it used for storage. Lynn signed the mortgage documents as the managing director of New Nirvana without Click Save and Submit to save and submit. Click Save All Answers to save all answers. Save All Answers SaveQuestion Completion Status: Facts: New Nirvana Pty Ltd (New Nirvana) is a company that installs kitchen doors. The company has appointed four directors, Ann, Mark, John and Lynn. Lynn has been appointed as managing director. John is appointed to the board because of his accountancy skills. All directors each have a shareholding of 20%. The remaining 20% shares are owned by Rhonda (15%), Fred (4%) and Lucky (1%). The company was originally extremely profitable, however, despite the company's continuous profits the board of directors decided not to declare a dividend for few years. Instead they gave themselves pay rises and arranged for the company to lease two new Mercedes-Benz cars for their personal use. Recently the company began to suffer cash flow problems and experienced a number of issues. Ann, an interior designer, rarely attends board meetings due to her busy practice. Some time ago Lynn signed a contract with Orion Bank to borrow $1.5 million to fund her husband's property development business, Crimson Properties Pty Ltd where she was the chairwoman and the majority shareholder. The business already had a large overdraft and had no unencumbered assets to use as security for another loan. Lynn organised the loan to Crimson Properties on the basis that New Nirvana would guarantee the loan by executing a mortgage over its waterfront land which it used for storage. Lynn signed the mortgage documents as the managing director of New Nirvana without consulting the board in breach of the constitution, which included a clause requiring that the prior approval of the board for providing any security on a loan over 1 million dollars. The company's constitution provided that Rhonda was to be the company's information technology manager. Lately the company decided to fire Rhonda from her position as the board did not like her outspoken attitude. Rhonda believed that the board did not have any power to do so as it was contrary to the company's constitution. Following a board decision to offer customers a complete kitchen and bathroom installation package, at a trade fair in Brisbane, Mark met several salespersons who were eager to do business with New Nirvana. One of them, a Click Save and Submit to save and submit. Click Save All Answers to save all answers. Save All Answers SQuestion Completion Status: proposal. John undertakes the investigation the following week, however, he spends very little time doing so because he is busy with other matters. He hastily prepares a report for the next board meeting, recommending that the proposal be accepted. It later turns out that his report is misleading as he has overlooked many of the additional costs involved in the expansion. The next board meeting is very long and the consideration of Lynn's proposal and John's report is the last item on the agenda. The directors are anxious to finish the meeting so they spent five minutes considering the proposal and John's report before voting in favour of it. Ann was not present at the meeting as she was attending some of her high-end clients in the company-owned Mercedes-benz car. When Lucky was informed about the company's expansion plan, she thought that the company was making a serious mistake. She contacted Rhonda and Fred and persuaded them to form a view against the decision of the board. They requested the board of directors to call a general meeting. However, the directors decided to ignore their request to call a general meeting. Lucky was considered as a threat to the company by the board. Few days later the company amended its constitution to allow the majority shareholders to compulsorily acquire shares of any shareholder with 1% or less shareholding in the Company. Lucky was so furious that she wanted to go to the court against this amendment to the constitution. New Nirvana went ahead with the expansion, with Lynn signing a contract on behalf of the company with Mighty Ovens Pty Lid for the purchase on credit of ovens and dishwashers and the associated installation equipment. This debt is never paid. Few months later the company is placed in liquidation on the application of one of its creditors Answer the following questions: Click Save and Submit to save and submit. Click Save All Answers to save all answers. Save All Answers Save and Su

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