Maelor Jones Investments (Noarlunga) Pty Ltd v Heywood-Smith

JurisdictionSouth Australia
CourtSupreme Court of South Australia
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9 cases
  • Barings Plc ((in Liquidation)) v Coopers & Lybrand (No. 7)
    • United Kingdom
    • Chancery Division
    • 11 June 2003
    ...interests at risk other than his own and his wife's. 1621 The paradox was explored in more detail in the Australian case of Maelor Jones v Heywood-Smith (1989) 54 SASR 285. At the time of the facts giving rise to that case, section 365 of the Australian Companies Act was in similar terms to......
  • JSI Shipping (S) Pte Ltd v Teofoongwonglcloong (a firm)
    • Singapore
    • Court of Appeal (Singapore)
    • 30 August 2007 162 The court also adverted (at [1130]) to the Australian case of Maelor Jones Investments (Noarlunga) Pty Ltd v Heywood-Smith (1989) 54 SASR 285, which considered a substantially similar provision, namely, s 365(1) of the Companies Act 1962 (Cth). Olsson J declared in that decision at......
  • Santander UK Plc v R.A. Legal Solicitors
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 February 2014" He referred to Barings PLC v Cooper & Lybrand [2003] EWHC 1319 (Ch) and Re D'Jan of London Ltd [1993] BCC 646, and also to Maelor-Jones v Heywood-Smith (1989) 54 SASR 285, as suggesting that something approaching "pervasive and compelling" negligence must be shown before a trustee is ......
  • Re Green v Walking (aka Ortega Associates Ltd ((in Liquidation))
    • United Kingdom
    • Chancery Division
    • 19 December 2007
    ...Harwick drew my attention to the approval in Barings (op. cit.) by Evans-Lombe J at para 1131 of the observations of Olssen J. in Maelor Jones v Heywood Smith (1989) 54 SASR 285 who stated: …the court… ought not to shrink from giving effect to its sense of fairness and justice. It should no......
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1 books & journal articles
    • Singapore
    • Singapore Academy of Law Journal No. 2008, December 2008
    • 1 December 2008
    ...the CA, the Court of Appeal also cited with approval the Australian case of Maelor Jones Investments (Noarlunga) Pty Ltd v Heywood-Smith(1989) 54 SASR 285 at 294—295 (which considered s 365(1) of the Companies Act 1962 (Cth)), and also the English cases of Barings plc v Coopers & Lybrand[20......

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