You're about to create your best presentation ever

Presentation Critique Template

Create your presentation by reusing one of our great community templates.

Presentation Critique

Transcript: Comparison to presenter's case QIUCHEN XU SID: 430553329 Oliver Wood was convicted on several counts of using his position as a director of SEO Company dishonesty, including withdrawing more than $29,000 from the company's bank account for his personal use. He also pleaded guilty to make a false statement in documents lodged with the ASIC. Presentation Critique Title: Palmer's victory in nickel court case Critique questions Do you think court treat such breach of duty case consistently? Where the court would draw the line with regard to the contrary to s181 duty, is it actual breach or potential breach? Do you think the legislation should capture the potential breach issue and cover the grey legal area, why or why not? The brief summary of article Facts: Robash, a company which holds shares in Gladstone Pacific Nickel wanted the NSW Supreme Court to allow it to bring proceedings in Gladstone's name against Mr Palmer and three of Mr Palmer's associated companies according to s236 of Corporations Act. The plaintiff (Robash) alleged Mr Palmer had breached his duties as director of Gladstone when he bought the Yabulu nickel refinery in 2009 with estimated value of $250 million. More specifically, Mr Palmer had negotiated with BHP to buy Yabulu for his own interests, rather than negotiating the sale to Gladstone which contravenes s181 of Corporations Act. Outcome: Supreme Court dismissed the application to bring the derivative action on behalf of GPNL. The judge held that the evidence falls short of establishing that there is a serious question that Mr Palmer was in a position of conflict or possible conflict of interests at the time he was the director of GPNL because BHP firstly approached Mr Palmer was not the director of GPNL about this deal. Secondly, the important reason that BHP negotiate with GPNL is relying on the fact Mr Palmer is the director of the company at that time. Most importantly, Mr Palmer only step in when there is 'no prospect that BHP will reach the deal with GPNL' therefore there is no conflicts of interest existing then there is no breach. Given the Corporations Act is the Federal Act. Each and every single court in Australia should be administrated consistently regardless it is the superior court or the lower court. Palmer's victory in nickel court case Corporations Act 2001 (Cth) s181, s236, s237 In the matter of Gladstone Pacific Nickel Limited [2011] NSWSC 1235 Relevant provisions Reference Judgement Palmer was potentially involved much more huge amount compared to Wood just because he is not involved in conflict of interests at that particular time,provided that he was the director of the company all along the negotiation. s181 good faith--directors and other officers (1) A director or other officer of a corporation must exercise their powers and discharge their duties: (a) in good faith in the best interests of the corporation; and (b) for a proper purpose.

Now you can make any subject more engaging and memorable