Sole directing mind's fraud attributed to company to bar auditor's negligence claim on illegality grounds; largely superseded by Bilta (UK) Ltd v Nazir [2015] UKSC 23.
Insolvency
Applies the genuine dispute threshold under s.459H Corporations Act 2001 to determine whether a statutory demand should be set aside.
A supporting affidavit to a statutory demand must disclose facts sufficient to establish a genuine dispute, on its face, at the time of the demand.
Directors' duty to consider creditors' interests under s172(3) CA 2006 arises when a company is insolvent or bordering on insolvency, not merely facing a risk of insolvency.
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