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Termite Resources NL (in liq) v Meadows, in the matter of Termite Resources NL (in liq) [2016] FCA 1171

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PRACTICE AND PROCEDURE - application to strike out specified paragraphs of statement of claim - whether specified paragraphs of statement of claim disclose a reasonable cause of action - when statement of claim alleges breaches of directors' duties - whether directors are subject to a duty requiring them to not prefer one creditor over another - whether plaintiff has alleged facts from which it could be concluded that it suffered damage - whether failure to allege insolvency means plaintiff cannot establish that the defendants had a duty to consider the interests of creditors - Federal Court Rules 2011 (Cth), r 16.21(1)(e).

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