LAW00004: Computer Whiz Pty Ltd Case Study - Truck Hire Pty Ltd - Law Assignment Help

Assignment Task:

Task:

Question 1 (10 marks)
Computer Whiz Pty Ltd (Computer) has four directors. Charlie is one of the directors.
Computer’s constitution provides that all transactions over $5,000 need to be approved by a majority of directors.
Charlie enters into a contract for $7,000 with Simone to take photos to update the company website. Simone sends the bill to Computer who are refusing to pay on the basis they never authorised the contract.
Advise Simone as to which statutory assumptions in the Corporations Act 2001 (Cth) she can rely on?

Question 2 (10 marks)

The High Court of Australia’s decision in Gambotto v WCP Ltd (1995) 182 CLR 432 provided a test for determining whether a constitutional alteration may be set aside on the basis of unfairness to the minority.
Explain this test with reference to the facts of the case.

Question 3 (10 marks)

Truck Hire Pty Ltd (Truck) is a company that hires out large machinery. Since January 2020 the company has been in a difficult financial position. The Board of Truck have passed a resolution to sell some of the assets to reduce their debt. Sally and Tom are two shareholders of Truck, they obtained a valuation report that shows the assets have been sold off at a significant undervalue in breach of s 180 of the Corporations Act 2001 (Cth).

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