A RECONSIDERATION OF S 1324(10) OF THE CORPORATIONS ACT 2001 (CTH): DAMAGES IN LIEU OF AN INJUNCTION

Abstract

In light of the recent sad passing of Professor Robert Baxt, the time is opportune to raise an issue of particular interest to him: the operation of s 1324 of the Corporations Act 2001 (Cth) and, specifically, the interpretation of subs 10 which provides for damages in lieu of an injunction. Professor Baxt was a keen supporter of s 1324(10), as he conceived of it as an extra weapon in the armory of those who had been adversely affected by breaches of directors’ duties.