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Analysis of ASIC v Sino Australia Oil and Gas Ltd Case under Corporation Law

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Added on  2023-06-13

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This presentation provides an analysis of the ASIC v Sino Australia Oil and Gas Ltd case under Corporation Law. It discusses the violation of the Corporations Act 2001 (Cth) by the company, breach of duties of the first and second defendant, critical analysis of the decision, impact of the decision on the operation of Australian companies, and references.

Analysis of ASIC v Sino Australia Oil and Gas Ltd Case under Corporation Law

   Added on 2023-06-13

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Analysis of ASIC v Sino Australia Oil and Gas Ltd Case under Corporation Law_1
ASIC v Sino Australia Oil and Gas Ltd (in liq) (2016) 115
ACSR 437

The company has committed a violation of the
Corporations Act 2001 (Cth) by making deceptive or
misleading statements in its prospectus,.

The company failed to disclose about circumstances that
resulted in impairment in the ability to anticipate profits.

The Non-English speaking director of the company is
alleged to have failed to perform his director duties under
the Corporations Act 2001 (Cth).
CASE INTRODUCTION
Analysis of ASIC v Sino Australia Oil and Gas Ltd Case under Corporation Law_2

the company made false representations in its
prospectus documents

the company contravened section 728(1)(a) of
the Act

the company committed a breach of section
728(1)(b)

the first defendant violated section [728(1)(c)]
and section [674(2)] of the Act;
BREACH OF DUTIES OF FIRST
DEFENDANT
Analysis of ASIC v Sino Australia Oil and Gas Ltd Case under Corporation Law_3

Under section [674(2A)] of the Act, second
defendant was involved in the breach committed
by the first defendant of section [674(2)] of the
Act;

the second defendant violated section [180(1)] of
the 2001 Act

the Second defendant contravened section 180(1)
of the Act;
BREACH OF DUTIES OF SECOND
DEFENDANT
Analysis of ASIC v Sino Australia Oil and Gas Ltd Case under Corporation Law_4

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