CLAW1003 Company Law
Mid Semester Assignment
Semester 1 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 to its clients as a marketing and information tool.
Your Instructions:
Please read a decision of the Court of Appeal of New South Wales: Left Bank Investments
Pty Ltd v Ngunya Aboriginal Corporation [2020] NSWCA 114 (13 July 2020) (“Left Bank v
Ngunya”) 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/NSWCA/2020/144.html?context=1;query=%22left%20bank%20i
nvestments%22;mask_path=
You may also find it useful to access the decision at first instance, which is the subject of the appeal: Left Bank Investments Pty Ltd v Ngunya Aboriginal Corporation [2019] NSWSC 1352 (9 October 2019), which is available via the following link:
http://www.austlii.edu.au/cgi-
bin/viewdoc/au/cases/nsw/NSWSC/2019/1352.html?context=1;query=%22left%20bank%20
investments%22%20;mask_path=
- Briefly describe the essential facts and procedural history of this case. [5 marks]
- What were the main arguments advanced by Left Bank to support its submission that Ms Marlowe had authority to bind Ngunya to a new lease? [5 marks]
- What were the main arguments advanced by Ngunya to support its submission that Ms Marlowe did not have authority to bind it to a new lease? [5 marks]
- What were the ultimate findings and outcome in this case? [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? [5 marks]
An additional 5 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:
- Quality of responses.
- Evidence of thorough research.
- Critical analysis of the relevant issues.
- Written communication skills in clearly presenting information, ideas, arguments, and conclusions.
- The appropriate use of a bibliography, language, and referencing.
- Due Date: The due date and time for electronic submission of this assignment will be strictly applied. You must electronically submit your assignment via Turnitin on canvas by Friday 29 April 2022.
- Late Submission: If your assignment is submitted late, without an extension or special consideration, there will be a late penalty of 5% of the total available marks (5 marks) for each calendar day after the due date (including weekends and public holidays). For the Business School Late submission policy, please refer to the following link: https://business.sydney.edu.au/students/policy
- 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 the sources you have 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 via the following link: http://law.unimelb.edu.au/mulr/submissions/quick-aglc
