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Please be noted that I do NOT wish for a complete essay, key points (with relevant cases) and suggestions ONLY. The word limit requires around
Please be noted that I do NOT wish for a complete essay, key points (with relevant cases) and suggestions ONLY.
The word limit requires around 1600, so please do cover the relevant points comprehensively so that I can organise and expand the essay well on my own. Thank you.
Lee is the managing director of Top Engineering Pty ltd. Lee accepted a very large order, the value of $200,000 for the supply of steel cables to Shifty Sellers Pty Ltd. The order was placed by Con, the director of Shifty Sellers Pty Ltd. The order was delivered, on credit, to Shifty Sellers Pty Ltd which later failed to pay for the steel cables. It appears that Con was well known as a bad credit risk within the engineering industry, including by Lee. Shifty Sellers Pty Ltd went into liquidation without ever paying Top Engineering Pty Ltd for the steel cables. Meanwhile, Lee borrowed $750,000 from Friendly Bank ltd on behalf of Top Engineering Pty Ltd to exploit expanding the company's business into Beijing. The company had very low cash reserves at the time of taking up this bank loan and, due to the economic downturn in China, the company has made a loss for the past 6 months. Many expert commentators did warn that the Chinese economy is now slowing after the boom of the last decade. Susan, who is the wife of Lee and also a non-executive director of Top Engineering Pty Ltd, is happy to leave the management of the company into the safe hands of Lee who, in her opinion, 'has a better business brain' and understanding of the Chinese market than her. Besides, Lee speaks Mandarin and travels to Beijing regularly for business. Susan signed the bank loan document in her capacity as company director despite having a sneaky feeling that Top Engineering Pty Ltd has some difficulty paying its bills. Shortly thereafter, one of the cheques issued by Top Engineering Pty Ltd to pay its electricity bill 'bounced' (ie. the cheque was retuned by the bank as unpaid). Susan, however, is very hopeful that Lee will turn the company's business around in another 12 months' time and make enormous profits. The reason she is hopeful is because Susan tells herself that China is a big market and that, in her view, everyone doing business in China makes a fortune there and that financial success in that large market is more or less guaranteed. Advise fully, with reference to legal authority whether: (a) Can Con be held liable for the unpaid debt of Shifty Seller Pty Ltd? Discuss fully with reference to common law legal principles only [10 marks]; and (b) Can Susan be liable for repayment of the $750,000 loan to Friendly Bank Ltd? Discuss fully with reference to relevant provisions of the Corporations Act 2001 (Cth) [15 marks]; and (c) If Susan has breached the Corporations Act 2001 (Cth), what are the legal consequences under the Act? Your answer must identify which statutory provision of the Act has been breached [5 marks]Step by Step Solution
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