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BLO5540 - Business and Company Law Report

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VICTORIA UNIVERSITY

   

BLO5540 Business And Company Law (BLO5540)

   

Added on  2020-03-07

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BLO5540 - Business and Company Law Report related The relevant facts of the case The fact of the mentioned case is the plaintiff Mr. Schwartz is owned the company Babybelle Pty Ltd and he is the part of the board of directors and also holds a share in the company. He had also appointed another director for the company.

BLO5540 - Business and Company Law Report

   

VICTORIA UNIVERSITY

   

BLO5540 Business And Company Law (BLO5540)

   Added on 2020-03-07

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Running head: BUSINESS AND COMPANY LAW Business and Company LawName of the StudentName of the UniversityAuthor Note
BLO5540 - Business and Company Law Report_1
1BUSINESS AND COMPANY LAWSchwartz: In the matter of Babybelle Pty Ltd (ACN 116 052 683) [2007] FCA 1469(September 2007)a.The relevant facts of the case: The fact of the mentioned case is the plaintiff Mr. Schwartz is owned the company Babybelle PtyLtd and he is the part of the board of directors and also holds the share in the company. He hadalso appointed another director for the company1. It was found that he has been sought for aleave for appointing that new director for the company. However, the Australian Securities andInvestments Commission (“ASIC”) claimed that Mr. Schwartz has not maintained his duty as adirector of Babybelle Pty Ltd and alleged him.2b.The major legal issuesAccording to the case study, it has been found that Mr. Schwartz has been made several mistakesas the director of the company. The legal issues has been arises when he has appointed the newdirector for the company which is not appointed according to the terms of the company3.Therefore it has been found that he has been breach the duty of the directors according to theCorporation Act4. He appointed Mr. Goodman as the new director of the company who also holdthe share of the company. A legal issue has been arises when the court has been found that theoffice address has been registered at O’Loughlin Street, Ormond until 1 March 2007 but later itwas discovered that the address has been moved or transferred at the home address of Mr.1 du Plessis, Jean Jacques, and Jeanne Nel De Koker, eds. Disqualification of Company Directors: A ComparativeAnalysis of the Law in the UK, Australia, South Africa, the Us and Germany. Taylor & Francis, 2017.2 Coffee Jr, John C., Hillary Sale, and M. Todd Henderson. "Securities regulation: Cases and materials." (2015).3 du Plessis, Jean Jacques, and Jeanne Nel De Koker, eds. Disqualification of Company Directors: A ComparativeAnalysis of the Law in the UK, Australia, South Africa, the Us and Germany. Taylor & Francis, 2017.4 Hiller, Janine S. "The benefit corporation and corporate social responsibility." Journal of Business Ethics 118.2(2013): 287-301.
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