An award-winning cannabis podcast for women, by women. Hear joyful stories and useful advice about cannabis for health, well-being, and fun—especially for needs specific to women like stress, sleep, and sex. We cover everything from: What’s the best weed for sex? Can I use CBD for menstrual cramps? What are the effects of the Harlequin strain or Gelato strain? And, why do we prefer to call it “cannabis” instead of “marijuana”? We also hear from you: your first time buying legal weed, and how ...
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Boyded Industries v Heartland One [2025] NSWSC 1344
Manage episode 522022757 series 2953536
Content provided by James d'Apice. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by James d'Apice or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.
“I removed your trustee, but you shouldn’t have removed me!”
__
A corporate group focussed on car sales and property holding.The Ps complained a Tee was wrongly removed by the Ds. One the Ds, the group’s CEO, was then removed as CEO and director of various Cos by the Ps: [14]
The Ps brought a claim re the Tee removal. The Ds brought a cross-claim about the removal of the CEO D: [15], [16]
The natural person parties were relatives: [28]
In 2017, the CEO D purported to become the relevant trust’s appointor: [29] – [33]
In 2019, the CEO D attempted to sell their stake in the enterprise for $42m. On the offer’s rejection, relationships deteriorated: [34] – [36]
In 2021 and 2022, various offers were rejected, and proceedings commenced: [37] – [51]
In 2024, CEO D unsuccessfully attempted to remove their aunts, Ps, as directors: [55] – [60]
CEO D as appointor removed the trustee P and appointed a related entity of the Ds: [61] – [72]
The CEO D was then removed as CEO and director by their aunts: [73] – [82]
Each witness faced credibility challenges. Evidence showed the CEO D had falsified docs: [83] – [100], [182]
CEO D’s placement as appointor followed an audit of the group showing some roles were held by the dead: [132] – [138]
There were inconsistent written records of the purported 1 May 2017 meeting placing CEO D as appointor. Some records suggested proper steps to place CEO D as appointor were not taken: [146] – [267]
The Court concluded the relevant P was not in attendance at the relevant meeting, making the meeting inquorate, and meaning CEO D’s placement as appointor was not properly made: [268]
The Ds’ application for s 1322 relief (curing what the Ds characterised as a procedural irregularity) was unsuccessful: [283]
The Ps therefore succeeded: the purported appointment of the Ds’ replacement Tee was invalid as CEO D was not appointor: [399] – [404]
The Court then considered CEO D’s termination as an employee: [407] – [409]
The Ds suggested CEO D’s removal by the Ps was improperly motivated; a ruse to cause a share sale: [461] – [476]
CEO D “shut out” the Ps from management [479], wrote to car makers (who provided the group with its stock for sale) criticising the Ps [483] – [496] and spoke of the Ps in contemptuous, belittling ways over time [497] – [500]
The Court found CEO D properly terminated as the relevant Ps had lost trust and confidence in them: [503]
Nor was the termination found to be a breach of contract: [508]
The Ds alleged CEO D’s termination and removal as director was oppressive for s 232 reasons: [567]
CEO D’s employment termination was not improper, and so not oppressive. Similarly: nor was their removal as director: [589], [606]
The oppression claim failed: [637]
The Ps’ claim succeeded, and the Ds cross-claim failed. Costs followed the event: [648], [649]
___
Please follow James d'Apice, Coffee and a Case Note, and Gravamen on your favourite platform.#auslaw #coffeeandacasenote #corporatelawyer #gravamenwww.gravamen.com.au
247 episodes
Share
Manage episode 522022757 series 2953536
Content provided by James d'Apice. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by James d'Apice or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.
“I removed your trustee, but you shouldn’t have removed me!”
__
A corporate group focussed on car sales and property holding.The Ps complained a Tee was wrongly removed by the Ds. One the Ds, the group’s CEO, was then removed as CEO and director of various Cos by the Ps: [14]
The Ps brought a claim re the Tee removal. The Ds brought a cross-claim about the removal of the CEO D: [15], [16]
The natural person parties were relatives: [28]
In 2017, the CEO D purported to become the relevant trust’s appointor: [29] – [33]
In 2019, the CEO D attempted to sell their stake in the enterprise for $42m. On the offer’s rejection, relationships deteriorated: [34] – [36]
In 2021 and 2022, various offers were rejected, and proceedings commenced: [37] – [51]
In 2024, CEO D unsuccessfully attempted to remove their aunts, Ps, as directors: [55] – [60]
CEO D as appointor removed the trustee P and appointed a related entity of the Ds: [61] – [72]
The CEO D was then removed as CEO and director by their aunts: [73] – [82]
Each witness faced credibility challenges. Evidence showed the CEO D had falsified docs: [83] – [100], [182]
CEO D’s placement as appointor followed an audit of the group showing some roles were held by the dead: [132] – [138]
There were inconsistent written records of the purported 1 May 2017 meeting placing CEO D as appointor. Some records suggested proper steps to place CEO D as appointor were not taken: [146] – [267]
The Court concluded the relevant P was not in attendance at the relevant meeting, making the meeting inquorate, and meaning CEO D’s placement as appointor was not properly made: [268]
The Ds’ application for s 1322 relief (curing what the Ds characterised as a procedural irregularity) was unsuccessful: [283]
The Ps therefore succeeded: the purported appointment of the Ds’ replacement Tee was invalid as CEO D was not appointor: [399] – [404]
The Court then considered CEO D’s termination as an employee: [407] – [409]
The Ds suggested CEO D’s removal by the Ps was improperly motivated; a ruse to cause a share sale: [461] – [476]
CEO D “shut out” the Ps from management [479], wrote to car makers (who provided the group with its stock for sale) criticising the Ps [483] – [496] and spoke of the Ps in contemptuous, belittling ways over time [497] – [500]
The Court found CEO D properly terminated as the relevant Ps had lost trust and confidence in them: [503]
Nor was the termination found to be a breach of contract: [508]
The Ds alleged CEO D’s termination and removal as director was oppressive for s 232 reasons: [567]
CEO D’s employment termination was not improper, and so not oppressive. Similarly: nor was their removal as director: [589], [606]
The oppression claim failed: [637]
The Ps’ claim succeeded, and the Ds cross-claim failed. Costs followed the event: [648], [649]
___
Please follow James d'Apice, Coffee and a Case Note, and Gravamen on your favourite platform.#auslaw #coffeeandacasenote #corporatelawyer #gravamenwww.gravamen.com.au
247 episodes
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Similar to Coffee and a Case Note
An award-winning cannabis podcast for women, by women. Hear joyful stories and useful advice about cannabis for health, well-being, and fun—especially for needs specific to women like stress, sleep, and sex. We cover everything from: What’s the best weed for sex? Can I use CBD for menstrual cramps? What are the effects of the Harlequin strain or Gelato strain? And, why do we prefer to call it “cannabis” instead of “marijuana”? We also hear from you: your first time buying legal weed, and how ...
…
continue reading
If you are looking to increase your self love, confidence & self esteem then the The Confidence AND Self Esteem Podcast .com is for you. A mixture of stories, motivational talks and practical advice hosted by James Blundell. Become a supporter of this podcast: https://www.spreaker.com/podcast/confidence-self-esteem-podcast--3128218/support.
…
continue reading
Everyone has a dream. But sometimes there’s a gap between where we are and where we want to be. True, there are some people who can bridge that gap easily, on their own, but all of us need a little help at some point. A little boost. An accountability partner. A Snooze Squad. In each episode, the Snooze Squad will strategize an action plan for people to face their fears. Guests will transform their own perception of their potential and walk away a few inches closer to who they want to become ...
…
continue reading
BackStory is a weekly public podcast hosted by U.S. historians Ed Ayers, Brian Balogh, Nathan Connolly and Joanne Freeman. We're based in Charlottesville, Va. at Virginia Humanities. There’s the history you had to learn, and the history you want to learn - that’s where BackStory comes in. Each week BackStory takes a topic that people are talking about and explores it through the lens of American history. Through stories, interviews, and conversations with our listeners, BackStory makes histo ...
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continue reading
Are you looking for more happiness, success and vitality in your life? Get inspired each week with wellness and performance expert, Integrative Medicine Fellow, author & keynote speaker, Kristel Bauer. Live Greatly shares empowering conversations and insights about happiness, wellness & success to support your personal and professional development. Kristel talks with top experts, leaders and inspiring individuals to help you embrace a growth mindset and excel in your work/life. Kristel then ...
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The Washington Post's Presidential podcast explores how each former American president reached office, made decisions, handled crises and redefined the role of commander-in-chief. It was released leading up to up to Election Day 2016, starting with George Washington in week one and ending on week 44 with the president-elect. New special episodes in the countdown to the 2020 presidential election highlight other stories from U.S. presidential history that can help illuminate our current momen ...
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Best friends Joel and Matt are the co-hosts of How to Money which is all about providing the knowledge & tools that normal folks need to thrive in areas like debt payoff, DIY investing, and crucial money tricks that will provide continuous help along your journey. We believe that access to unbiased and jargon-free personal finance guidance is more necessary than ever before. When you handle your money in a purposeful, thoughtful way that works for your lifestyle, you can really start living ...
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1
Every Day Is Saturday Podcast For Motivation, Inspiration And Success
Self Improvement Coach Sam Crowley
1k900
One of the top motivational podcasts for 18 years and running. Motivational messages to keep you inspired throughout the week. Success comes in all shapes and sizes. Sam Crowley’s authentic message will provide the inspiration you need to conquer the challenges and claim your power.
…
continue reading
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Self Improvement Daily is the most consistent and value-packed podcast in the space. Every episode is specifically created to help busy, purpose-driven leaders acquire the ideas, structure, clarity, and perspective they need to maximize their potential and impact. Featuring a new 3-5 minute tip every weekday, biweekly expert interviews, never missing a day for the last 7.5 years, and having earned 21.4 million downloads to date - This is your path toward becoming the successful, impactful, a ...
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continue reading
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