Case List
Case List – BUSL301 The following list is a guide only – the cases that are most likely to be mentioned in lectures are bolded – most of the cases in this list (or other cases that may be mentioned) will be referred to in one or both of your texts – it is very likely that in the normal course of your reading you will come across these cases – note that cases not on this list, particularly relevant recent cases, may also be discussed in class – how to use cases and what is expected of students in relation to their knowledge of cases will be explained in lectures. LECTURE AREA 1 - COMPARISON OF BUSINESS ORGANISATIONS Cases concerning partnership: Polkinghorne v Holland (1934) 51 CLR 143 National Commercial Banking Corp of Australia Ltd. v Batty (1986) 160 CLR 251 United Dominions Corporation Ltd. v Brian Pty Ltd. (1985) 157 CLR 1 LECTURE AREA 2 - HISTORY AND LEGISLATIVE FRAMEWORK, REGISTRATION AND TYPES OF COMPANIES Relevant cases regarding the development of companies legislation in Australia Huddart Parker v Moorehead (1909) 8 CLR 330 Strickland v. Rocla Concrete Pipes Ltd (1971) 45 ALJR 485 NSW v Commonwealth (1990) 169 CLR 482 Re Wakim (1999) ACLC 1055 R v Hughes (2000) 171 ALR 155 The company as a separate legal entity Salomon v Salomon [1897] AC 22 Lee v Lee's Air Farming [1961] AC 12 Macaura v. Northern Assurance Co Ltd. [1925] AC 619 Trustee companies: Broomhead (JW) (Vic) Pty Ltd v JW Broomhead Pty Ltd (1985) 3 ACLC 355 Lifting of the Corporate Veil: Gilford Motor Co Ltd v Horne [1933] Ch 935 Creasey v Breachwood Motors Ltd (1992) 10 ACLC 3,052 LECTURE AREA 3 - THE COMPANY CONSTITUTION AND THE RELATIONSHIP BETWEEN THE COMPANY AND OUTSIDERS The company constitution Allen v Gold Reefs of West Africa Ltd [1900] 1 Ch 656 Gambotto v WCP Ltd (1995) 13 ACLC 342 Grey Eisdell Timms v Combined Auctions Pty Ltd (1995) 13 ACLC 965 Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd [2006] FCAFC 144 Tortious, statutory and criminal liability of a company Tesco