Hawkins v Bank of China

(1992) 26 NSWLR 562

---

Court:

Judges: Gleeson CJ
Kirby P
Sheller JA

Subject References:
Companies
Directors and officers
Personal liability
For "debts incurred"
Company executing guarantee
Contingent liability for liquidated amount
Whether debt incurred
Winding up
Conduct and incidents of liquidation
Liability of officers for misfeasance
Liability for "debts incurred"
Company executing guarantee
Contingent liability for liquidated amount
Whether debt incurred
Guarantee and Indemnity
Guarantee
Construction and effect
Nature of obligation
Whether to pay unliquidated damages or liquidated debt
When "debt incurred"

Legislative References:
Companies (New South Wales) Code - s 556(1)(a); s 556(1)

Hearing date: 5, 6 March, 1 May 1992
Judgment date: 1 May 1992

---

Appeal dismissed