Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Jennifer worked for Wayward Sales Pty Ltd, a company that buys and sells designer furniture. She was in charge of sales and was one of

Jennifer worked for Wayward Sales Pty Ltd, a company that buys and sells designer furniture. She was in charge of sales and was one of the best salespeople on the team. The company decided to dismiss her unfairly and she made up her mind to take legal action against Wayward Sales Pty Ltd for wrongful dismissal. The directors of Wayward Sales Pty Ltd quickly called an emergency board meeting because they were apprehensive that Jennifer would succeed in her action. If she succeeded, Wayward Sales Pty Ltd would have to pay her substantial sums of money, which would wipe out most of the company's profit. After quick discussion they opted to restructure Wayward Sales Pty Ltd by transferring all of the company's assets to a new company which they created and named Designer Collections Pty Ltd. They paid all the creditors of Wayward Sales Pty Ltd before the transfer. Jennifer was successful in her wrongful dismissal claim and the court awarded substantial damages against Wayward Sales Pty Ltd. However, the company could not pay the amount because it had no assets left.

REQUIRED

With reference to relevant legal principles use the IRAC legal problem-solving approach, explain whether there are any grounds that would allow Jennifer to enforce the judgment against Antique Collections Pty Ltd. Give supporting case law.

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

Introduction To Business Law

Authors: Jeff Rey F. Beatty, Susan S. Samuelson

3rd Edition

978-0324826999, 0324826990

More Books

Students also viewed these Law questions