Recent Cases

Crowley v Worley Limited [2022] FCAFC 33 (11 March 2022) (Perram, Jagot and Murphy JJ)


Catchwords:


CORPORATIONS – representative proceedings – whether primary judge erred in not finding that respondent engaged in misleading and deceptive conduct –whether primary judge erred in not finding that respondent contravened its continuous disclosure obligations – relevant representor was the corporation and not the board of the corporation – knowledge of the board not determinative – inferences from facts as found – failure to call officers and employees – attribution of knowledge to a corporation – officer – meaning of “aware” – meaning of “information” – opinions are information – opinions that ought reasonable to have been formed are information – appeal allowed – remittal required