Maelor Jones Investments (Noarlunga) Pty Ltd v Heywood-Smith
| Jurisdiction | South Australia |
| Date | 1989 |
| Court | Supreme Court of South Australia |
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9 cases
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Barings Plc ((in Liquidation)) v Coopers & Lybrand (No. 7)
...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......
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JSI Shipping (S) Pte Ltd v Teofoongwonglcloong (a firm)
...law. 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......
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Santander UK Plc v R.A. Legal Solicitors
...fit." 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 ......
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Re Green v Walking (aka Ortega Associates Ltd ((in Liquidation))
...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
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WHO LEFT THE GATES UNLOCKED? RECONCILING THE DUTIES OF AUDITORS AND COMPANY DIRECTORS
...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......