Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Walter thenset upa new company called Shopaholics Ltd (Shopaholics). Shopaholics was set up for the purpose of purchasing the land, at a substantial overvalue from

Walter thenset upa new company called Shopaholics Ltd (Shopaholics). Shopaholics was set up for the purpose of purchasing the land, at a substantial overvalue from Westfield, with funds raised from the public issue of its shares. The shareholders were not aware of Walter's connection to Westfield. Westfield sold the land to Shopaholics at a substantial profit. Shopaholics then sought to redevelop the land and construct a large shopping complex on the land. The profit on sale of the land made by Westfield was distributed to Walter in the form of a dividend. Unfortunately, the development plans for the land were rejected by the Gold Coast City Council. Shopaholics failed and the liquidator seeks advice as to what action can be taken to recover the profit made on the sale of the land to Shopaholics.

Select the most appropriate response.

a.

The liquidator cannot recover the secret profit made on the sale of the land as it has already been paid to Walter in the form of a dividend

b.

The liquidator cannot recover the secret profit because Walter and Westfield are recognised as separate legal persons under theCorporations Act 2001(Cth)

c.

The Court would lift Westfield's corporate veil and require Walter to pay back the profit to Shopaholics because Westfield was used by Walter to commit a fraud

d.

Both (a) and (b) are correct

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_2

Step: 3

blur-text-image_3

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

Law Express Consumer And Commercial Law

Authors: Judith Tillson

6th Edition

1292295775, 978-1292295770

More Books

Students also viewed these Law questions

Question

Case : Karl and June Monroe

Answered: 1 week ago

Question

The relevance of the information to the interpreter

Answered: 1 week ago