CLAW1003 Company Law

Mid Semester Assignment

Semester 2 2022

You have recently commenced a position as a graduate in a corporate advisory role. Your division provides advice on corporate governance issues for many corporate clients, comprising companies listed on the ASX, non-listed public companies, and large and small proprietary companies. Your immediate superior has asked you to prepare a written analysis of a recent company law case to circulate to a number of those clients in accordance with the instructions below. Your organisation regularly provides case updates about developments in the field to its clients as a marketing and information tool.

Your Instructions:

Please read a decision of the New South Wales Supreme Court:Northside Veterinary Property Pty Ltd v Dalmacija Sydney Croatian Club Ltd [2022] NSWSC 589 (16 May 2022)

(“Northside v Dalmacija”) and prepare a case analysis which answers the questions below, supported by appropriate reasons and critical analysis. The case can be accessed via the following link:

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2022/589.html?context=1;query=Dalmacija;mask_path=

 

  • Briefly describe the essential facts of this case. [3 marks]
  • What arguments did the defendant make to support its claim that there was no binding contract? [3 marks]  
  • What was the ultimate outcome in this case? [3 marks]
  • Which of the assumptions in s 129 of the Corporations Act were relevant, and why? [6 marks]
  • How did s 128 of the Corporations Act impact on the entitlement of the plaintiff to make assumptions under s 129, and issues raised by the defendant in these proceedings?[5 marks]
  • Do you agree with the determinations of the Court on the issues arising in this case?  What must your clients be aware of as a result of this decision? [4 marks]

An additional 6 marks are available for the quality of your written communication, referencing and bibliography.

Assignment Information

  • Weighting: This assignment is worth 30% of the total marks for this unit.
  • Marking Criteria: Your assignment will be assessed according to the following criteria:
  • Ability to identify the relevant information and issues.
  • Quality of responses.
  • Critical analysis of the impact of the decision.
  • Written communication skills in clearly presenting information, ideas, arguments, and conclusions.
  • The appropriate use of a bibliography, language, and referencing.
  • Word Limit: You are subject to a maximum word limit of 2,000 words, which will be strictly enforced, with a penalty of 10% of the total available marks (3 marks) when the submission is 10% over the maximum word limit, and an additional penalty of 10% of each additional 10% over the maximum word limit. The word limit incudes all material in the body of your assignment, including any in-text referencing or footnotes, but not your bibliography. Please set out your word count at the end of your assignment. For the Business School world Length policy, please refer to the following link:  https://business.sydney.edu.au/students/policy
  • Format: There is no prescribed format, but your assignment must be typed in at least 12-point size font and 1.5 spaced. Headings greatly assist in making your work easier to read and understand.
  • Bibliography and Referencing: You must include a bibliography (reference list) which sets out all the sources you have read or referred to when completing your assignment. Please ensure that you appropriately acknowledge your sources, as significant penalties can be imposed for plagiarism and academic misconduct. Either footnotes or in-text referencing are acceptable, so long as you are consistent in your approach throughout your assignment. If you would like to use the Australian Guide to Legal Citation, a useful summary of its referencing requirements is set out on the Library website: https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376
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