Macleod and the offence of defrauding the company in one-person businesses: the divergence between legal principle and logic widens

McConvill, James and Bagaric, Mirko 2003, Macleod and the offence of defrauding the company in one-person businesses: the divergence between legal principle and logic widens, Australian journal of corporate law, vol. 16, no. 1, pp. 53-64.

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Title Macleod and the offence of defrauding the company in one-person businesses: the divergence between legal principle and logic widens
Author(s) McConvill, James
Bagaric, Mirko
Journal name Australian journal of corporate law
Volume number 16
Issue number 1
Start page 53
End page 64
Publisher Centre for National Corporate Law Research, University of Canberra
Place of publication Belconnen, A.C.T.
Publication date 2003-09
ISSN 1037-4124
Summary The recent High Court decision in Macleod v R establishes that a director and sole shareholder may be convicted of fraudulently applying a company's property even though the person has consented to the personal use of the company's property. It is contended that while this decision is consistent with the weight of precedent, it is wrong in principle. The decision implies that corporations are not only separate legal entities, but that they are highly virtuous legal entities -- incapable of being imbued with the dishonest intentions and activities of the individuals controlling the company.
Language eng
Field of Research 180109 Corporations and Associations Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2003, Reed International Books Australia Pty Limited trading as LexisNexis
Persistent URL http://hdl.handle.net/10536/DRO/DU:30002082

Document type: Journal Article
Collection: School of Law
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