CORPORATIONS - termination payments - managers and executives - where director's details not included in directors' report for previous financial year - whether director held a "managerial or executive office" - Corporations Act 2001 (Cth) s 200AA
Held: open to construe s 200AA(3) as applicable in cases where a person's name not included in directors' report for previous financial year
CORPORATIONS - termination payments - managers and executives - where director employed by related foreign company - where consultancy agreement between related company and company that paid the benefit for the provision of the director's services - where director relied on legal advice that the payment was lawful - identification of the entity that gave the benefit - whether payment was a "benefit" requiring member approval - whether payment made "in connection with" retirement from an office or position of employment with the entity that gave the benefit - whether benefit exempt as conferred under an agreement of the character required by s 200F(2)(a)(ii) - whether payment exempt as payment under the threshold in s 200F(4) - whether conferral of the benefit was required by law - whether company estopped from recovering payments - whether set-off possible where obligation under s 200J to repay - whether summary judgment appropriate in the circumstances
↧