Question: Q1 Intermediate Hypo Note - this question would be worth 10 marks in an exam. Hogsmede Dairy Pty Ltd (HDPL) has a longstanding transport and
Q1 Intermediate Hypo Note - this question would be worth 10 marks in an exam. Hogsmede Dairy Pty Ltd (HDPL) has a longstanding transport and logistics contract with Express Brooms Ltd. The contract is set to expire soon and is up for renegotiation. Queenie Goldfein is a director of HDPL and owns Broomlink Express Pty Ltd (BEPL). Queenie would like BEPL to tender for HDPL's transport and logistics business with a view to securing the contract for years to come. Advise Queenie and the board of HDPL on what is required should BEPL win the tender and enter into a logistics and supply ontract with HDPL. Q2 Intermediate Hypo Note - this question is a past exam question and would be worth 25 marks. Fun Times Ltd is a development company. Its directors are Harry, Meghan and William. Fun Times Ltd purchases a large parcel of land for the purpose of constructing a new amusement park. To raise funds for the development, the board of Fun Times Ltd decide on an issue of shares worth in total, $2 million to the public via a product disclosure statement (PDS) in compliance with Chapter 6D of the Act. After preparing the PDS but before releasing the share issue to the public, the board hear that a rival amusement park company, Kidzone Ltd, is on the lookout for possible corporate acquisitions. If Kidzone buys all the Fun Times shares on offer, Kidzone will hold the majority of shares in Fun Times Ltd. Harry, Meghan and William are afraid they might lose their jobs as directors if Fun Times Ltd is taken over by Kidzone Ltd. Therefore Harry, Meghan and William decide to take up $500,000 worth of shares each and offer the rest of the shares to their friends and family. No shares are released for sale to the public. a) Will the share issue amount to a breach of directors' duty under s181 of the Corporations Act? b) Has the company contravened s 208 of the Act? c) Would your answer to (b) be different if the shares are issued at a discount to the price that the public would have paid if the PDS had gone ahead?
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