Cases for reference4.1

Cases for reference4.1 - Cases for reference 1. 2....

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Cases for reference 1. Cross-vesting arrangements invalid to the extent that they purported to confer State jurisdiction on Federal Courts. Re Wakim; Ex P McNally(1999) HCA 2. Commonwealth cannot authorise its authorities or officers to undertake a function under State law involving the performance of a duty (unless the function has a sufficient nexus with a Commonwealth legislative power. R v Hughes (2000) HCA Pre-registration 3. A party who contracts on behalf of a non-existent company was personally liable under the contract. True intention of the contract. Black v Smallwood (1966) HCA; Kelner v Baxter (1866) UK . A company was not capable of ratifying a pre-registration contract after it was registered. A person could be personally liable if that person intended to contract as a principal. Separate legal entity 4. Separate Legal entity - Salomon v Salomon & Co Ltd [1897] AC 22 Issue: Whether Mr Salomon was entitled to be a secured creditor. Held: the company was a separate legal entity despite the fact that S controlled the company. 5. Acquisition, holding and disposition of assets. Macaura v Northern Assurance Co Ltd 1926] AC 619 M owned land on that had timber on it. He sold the land and the timber to a company he formed and received as consideration all the fully paid shares. The company carried on the business of felling and milling timber. M had insured the timber in his own name. He had not transferred the policy to the company. M could not recover as he had no insurable interest in the timber. Held: House of Lords held that the insurers were not liable. Only the company, not even shareholders could insure its property against loss. There is a distinction between personal and company assets
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This note was uploaded on 05/27/2011 for the course LEGT 2741 taught by Professor M during the Three '11 term at University of Sydney.

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Cases for reference4.1 - Cases for reference 1. 2....

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