Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

COULD YOU PLEASE ANSWER IT IN IRAC/ILAC FORMAT with R/L section including the specific sections of law from Corporations law? Please only answer this question

COULD YOU PLEASE ANSWER IT IN IRAC/ILAC FORMAT with R/L section including the specific sections of law from Corporations law? Please only answer this question if you can state what specific sections of law from the Corporations Act are relevant, and if there are any case laws relevant too.

Dan, Steve and Nella are the founders, directors, and equal shareholders of At Home Pty Ltd (At Home). At Home relies on the replaceable rules.

At Home is the parent company in a corporate group in the property development and mortgage broking business. Between it and its subsidiaries, At Home's revenue for the 2021-22 financial year was $38 million, which was an increase of 10% on the previous financial year. An insurer has valued the group's landholding, customer databases, and goodwill at approximately $20 million. Moreover, from an initial staff of three, At Home group companies now employ 80 people.

Dan, Steve and Nella are considering growing At Home's business by purchasing all the shares in Factories Pty Ltd (Factories), a smaller company which owns some light industrial land. Factories employs 15 people, has assets of $10 million and a revenue in the 2021-22 financial year of $10 million. Factories' founder, governing director and CEO is Garry.

Dan, Steve and Nella have done their due diligence on Factories and have decided that it is a good investment with strong synergies with At Home. However, they are concerned that Factories is being sued by several individuals who own land backing onto the Woolloongabba Creek.

Those individuals allege that Garry personally arranged for barrels of toxic chemicals, which were produced at Factories' Woolloongabba premises, to be dumped into the creek, thereby polluting their land.

It appears that other neighbours of the Woolloongabba site may be interested in joining that action or bringing similar actions for nuisance. Factories would have insufficient assets to pay all the damages claims, especially if those other neighbours did also sue and were successful.

1) Advise Dan, Steve and Nella on the consequences (if any) for At Home if it bought all the shares in Factories. (12 marks)

2) Would your answer change if it was alleged that Factories committed a criminal offence under environmental protection legislation in connection with Garry's actions? Explain your answer. (3 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

Auditing Cases An Active Learning Approach

Authors: Mark S. Beasley, Frank A. Buckless, Steven M. Glover, Douglas F. Prawitt

2nd Edition

0130674842, 978-0130674845

More Books

Students also viewed these Law questions

Question

Compare and contrast brokers and agents with merchant wholesalers.

Answered: 1 week ago

Question

=+b) Comparing the sweetness of a diet drink (rated from 1 to

Answered: 1 week ago

Question

5. How quickly can we manage to collect the information?

Answered: 1 week ago

Question

3. Tactical/strategic information.

Answered: 1 week ago

Question

3. To retrieve information from memory.

Answered: 1 week ago