Newman v Hartwig
Supreme Court of Victoria
Matthews J
23/02/2024
[2024] VSC 54
Companies — Directors’ duties — Duty to prevent insolvent trading — Compromise of proceedings — Action by creditor to enforce company’s contractual obligation to repay loan — Company consented to court orders for payment of sums under contractual obligation — Company insolvent or had become insolvent by reason of making of court orders — Whether company directors, in permitting company to consent to court orders, failed to prevent insolvent trading by company — Whether consenting to court orders constituted ‘incurring a debt’ — Corporations Act 2001 (Cth), s 588G
Read the judgment here.