Kelly Building Pty Ltd is registered builder. Its managing director, John, controls the company business activities. Johns
Question:
Kelly Building Pty Ltd is registered builder. Its managing director, John, controls the company business activities. John’s wife, Marsha, is the other director but she does not concern herself with the day-to-day management of Kelly Building Pty Ltd’s business. She is aware, however, that Kelly Building Pty Ltd has severe financial problems. In June, John, on Kelly Building Pty Ltd’s behalf, purchased $150,000 worth of building supplies on 30 credit term from Collins Manufacturing Ltd. Despite numerous demands $150,000 has not been paid. In October, Collins Manufacturing Ltd successfully applied to wind up Kelly Building Pty Ltd. Explain whether the liquidator of Kelly Building Pty Ltd can make John and Marsha personally liable for their company’s unpaid debts. Can John and Marsha rely on any of the S588H defences?
Provide your answer in 400-500 words.
Expert Answer:
Answer Under Australian law directors of a company have a duty to prevent the company from trading while insolvent This means that if a company incurs ... View the full answer
