Research Essay

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BLW21/MT564

MODULE QUESTIONS

Study Period 1 2011

INTRODUCTION

It is only possible to cover a limited number of questions in each seminar. The questions are intended to reflect major principles where possible, but in some weeks it has been necessary, due to limited space, to omit questions on important issues.

MODULE ONE

QUESTION ONE

In order to properly work with this unit you need to become proficient in working with the Corporations Act (CA). To commence that process please locate the following references:

(a) “Auditors” in the index (b) The definition of “financial records” under CA s9 (c) CA s117 (d) CA s124 (e) CA s135(2) (f) CA ss 180(1),(2) (g) Chapter 2E (h) Part 2E.2

QUESTION TWO

Relda Insurance Ltd has received an application from Yendor Pty Ltd to take out an insurance policy covering the motor vehicles driven by the employees of Yendor Pty Ltd.

Using the CA and cases, explain whether a company has the legal capacity to: (i) own assets (such as motor vehicles); (ii) enter into a contract (such as an insurance policy); (iii) employ people.

QUESTION THREE

Premium Plumbing Pty Ltd (Premium) required further capital for expansion and borrowed $200,000 from Eastpac Bank Ltd (Eastpac). After a time, an unforeseeable misfortune occurred causing Premium to suffer a large loss. It immediately advised Eastpac and stopped trading. Premium is unable to meet the repayments due on its bank loan and has few assets. Eastpac is considering ways to recover its money.

Would Eastpac Bank Ltd be successful in enforcing its claim against: (i) the directors, (ii) the shareholders, or (iii) the employees of Premium Plumbing Pty Ltd?

[Quote sections and cases to support your opinion]

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