Downey v Crawford

JurisdictionAustralia Federal only
Judgment Date2004
Neutral Citation2004-0930 FCA A
Date2004
Year2004
CourtFederal Court
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1 cases
  • Paul Gordon Blackadder(Plaintiff) v Justin Mcquinn (First Defendant)
    • Australia
    • Supreme Court
    • April 13, 2017
    ...[1938] 60 CLR 336 ; Deputy Commissioner of Taxation v Portinex Pty Ltd [2000] NSWSC 557; (2000) 34 ACSR 422; Downey v Crawford [2004] FCA 1264; Howard Smith Ltd v Ampol Petroleum Ltd [1974] 1 NSWLR 6; AC 821; In the matter of Condor Blanco Mines Ltd [2016] NSWSC 1196; In the matter of Condo......
2 firm's commentaries
  • Can an inquorate board of a public company appoint a voluntary administrator?
    • Australia
    • Mondaq Australia
    • September 23, 2021
    ...solvency must be bona fide and genuinely formed. The relevant test was summarised as follows by Weinberg J in Downey v Crawford [2004] FCA 1264: "[did the appointing directors genuinely believe] on reasonable grounds, that the company was insolvent or likely to become so in the future, and ......
  • Can an inquorate board of a public company appoint a voluntary administrator?
    • Australia
    • Mondaq Australia
    • September 23, 2021
    ...solvency must be bona fide and genuinely formed. The relevant test was summarised as follows by Weinberg J in Downey v Crawford [2004] FCA 1264: "[did the appointing directors genuinely believe] on reasonable grounds, that the company was insolvent or likely to become so in the future, and ......
1 books & journal articles
  • Relief from liability for company directors: recent developments and their implications.
    • Australia
    • University of Western Sydney Law Review No. 12, January 2008
    • January 1, 2008
    ...Ltd (2005) 23 ACLC 827. (90) Pace v Antlers Pty Ltd (in liq) (1998) 16 ACLC 261, 284 (Lindgren J); Downey v Crawford (2005) 23 ACLC 104; [2004] FCA 1264, [195] (Weinberg J); cf ASIC v Vines (2006) 24 ACLC 165 (affirmed on appeal: Vines v ASIC (2007) 62 ACSR (91) Hall v Poolman (2007) 65 ACS......

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