Australia Law of North V Marra Developments Ltd †Free Samples

The leading case of North V Marra Developments Ltd (1981) was decided by the High Court of Australia on 9 th December 1981. The Hon’ble Stephen, Mason, Murphy, Aickin and Wilson JJ decided the case against the Appellant and in favor of the Respondant. As per the fact of the case, the Appellants are the member of a stock broking firm (Sydney Stock Exchange Ltd). The Appellants were initially trading in the name of NORTHS but are now considered as J. & J. NORTH. In 1954, Marra (Respondent) was incorporated as a public company. There were various rural properties that were acquired by Marra in 1974 in New South Wales. Its ninety three percent issued and paid up capital was held by 5 families. The shares of the company were listed on Sydney Stock Exchange. But, prior to 1974 the true value of the company assets were not depicted with the help of the balance sheets of the company or the market value of the assets. Considering with the situation, the Appellants in around December 1972-February 1974 submitted that there is a need that market capitalization of the asset must be done so that the true value of the Marra assets can be determined. There were three recommendations that were given by the Appellant and all the three were accepted by the Respondent. It is alleged by J. & J. NORTH that they have provided advisory services regarding the reorganization of the capital of Marra Developments Ltd. ("Marra") and advised on the takeover of Marra upon Scottish Australia Holdings Ltd. ("Scottish") and thus they are eligible for remunerations and the interest thereon from the Respondents. (Jade, 2017) Thus the main issue that was developed from the facts of the case was whether the Appellant is liable to claim the remuneration with interest from the Respondent. Now, because of the acts that are undertaken by the appellant and the Respondent, the major duty that was violated is submitted herein under. That the agreement amid the Appellant and the Respondent to carry out the scheme and the carrying out the scheme itself (of capitalization and takeover) are in violation of section 70 of the Securities Industry Act 1970 of New South Wales. The scheme itself and its conduct both are illegal in nature. (Armson, 2009) Because of the act, there is violation of section 1041A (Price Manipulation) and section 1041B of the Corporation Act 2001 (False Trading and Market Rigging). The main reason because of which the duties were considered to be violated are: The prices of the shares are increased by appellant involvement of buying the shares. The Appellant filed a case, however, the same is rejected by the Supreme Court of New South Wales. It is submitted but Meares J, that the argument of the defendant that the acts of the Appellant involves illegality is valid as the acts are in violation of section 70 of the Securities Industry Act 1970. The Appellant filed an appeal to the Court of Appeal. The Court of Appeal also dismissed the appeal of the appellant, Against the decisions of the Court of Appeal, the Appellant filed the present appeal. On 9 th December 1981 the Hon’ble Stephen, Mason, Murphy, Aickin and Wilson JJ submitted that the proposal which is recommended by the Appellant and which is later carried out by both the appellant and the defendant regarding the purchase/sale on the Stock Exchange in the Respondent is not found to be legal. It is decided that the agreement to carry out the scheme and the carrying out the scheme itself are in violation of section 70 of the Securities Industry Act 1970 of New South Wales. The scheme itself and its conduct both are illegal in nature. The court also held that the actions of the parties are not such which resulted in considering the same as conspiracy to deceive. Thus, the amount that is claimed by the Appellant cannot be recovered and the appeal stands dismissed.   The High Court decided that the amount that is claimed by the Appellant cannot be recovered and the appeal stands dismissed.   The main reasons that are attributed by the High Court which form the basis of the decision is submitted below and is critically analyzed: (O'Connell, 2013) In the Corporation Act 2001, considering the observations that are made Mason J and the changes under the 1980 Act, few variations were made regarding the market rigging and the false market provisions. There were few amendments that were made to section 998 of the corporation Act 2001. Because of the above facts, it is submitted by Mason J that any activity which gave the market false or misleading appearance is prohibited under statue. The acts of the appellant were against the statutory prohibition and thus the actions were illegal so they are not permitted to take advantage of any statutory wrong; These actions of the appellant were not regarded as legal in concern with section 70 of the 1970 act (E.T. Fisher &Co. Pty. Ltd. v. English Scottish and Australian Bank Ltd.  (1940). The actions of the Respondent with the help of the appellant which has resulted in enhancing the market price of the company of the respondent so that there is completion of takeover is an act which in contract to the provisions of section 70 of the Act. Thus, an illegal act cannot justify any benefits to be accrued in favor of the default. So, the appellant itself at fault cannot claim remuneration for an illegal act. The court held that the appeal of the appellant is not found to be favorable not because the agreement in which they are relying is in violation of section 70 but mainly because the actions in which they indulged into are itself illegal in nature. So, on those grounds it is decided by the High court that the appellant is not rightful in suing the Respondents and claim their remunerations on the basis that the acts in which they indulge into are itself illegal in nature. In the leading case there were series of observations that were made in relation to section 70 of the 1970 Act. Mainly the interpretation of the section signifies that there must be presence of some element in order for the application of the section. The   law submitted by Majon J is now not applicable in the current law . however, based on the observations that are made by the Hon’ble Judhe there were changes that were brought in Securities Industry Act 1980 (Cth) (1980 Act). (O'Connell, 2013) In the Corporation Act 2001, considering the observations that are made Mason J and the changes under the 1980 Act, few variations were made regarding the market rigging and the false market provisions. There were few amendments that were made to section 998 of the corporation Act 2001. However, again the market rigging and the false trading provisions were amended by the Financial Services Reform Act 2001 (Cth). The main changes that are brought in are that civil penalty provisions are made under Part 9.4B which includes few misconduct provisions inclusive of market rigging and false trading in (section 1041B of the corporation Act 2001) This change has reflect a doubt that it is very troublesome and expensive for the law to be applied by applying criminal standard of proof and it is more efficient and appropriate to apply the civil sanctions. Thus, now civil case can be brought which is based on the violation of section 1041B (1) by complying with civil standards of the balance of probabilities and there is no need for the establishment of any kind of fault or intention. Now if there is violation of section 1041 B (1) then a liability of @ $200,000 be imposed to an individual and @ $1 million for a body corporate. Thus, the leading case of North V Marra Developments Ltd and with the current reforms that are brought in then there is no need for the establishment of any kind of fault or intention. Ann O'Connell (2013) Protecting the Integrity of Securities Markets — What is an ‘Artificial Price’?: DPP (Cth) v JM, Melbourne Law School. Emma Armson (2009) False Trading and Market Rigging in Australia,   Corporate Law Teachers Association Conference, ANU College of Law. E.T. Fisher &Co. Pty. Ltd. v. English Scottish and Australian Bank Ltd.  (1940) 64 CLR 84 North V Marra Developments Ltd (1981). Scott v. Brown, Doering, McNab &Co.  (1892) 2 QB 724 Jade (2017) North V Marra Developments Ltd (1981) (Online). Available at: https://jade.io/article/66955. Accessed on 1st October 2017. Looking for an answer 'who will do my essay for cheap',

Summary and Conclusion to executive audience Essay

Summary and Conclusion to executive audience - Essay Example The company expects to meet all the database application and reporting requirements by development of policies, guidelines, standards, and practices in connection to the project. If all the stages of implementation are followed to the latter, then Riordan Manufacturing will successfully implement the database project for use in the finance and accounting department of the company. The diagrams used in the implementation of the project should be easily understandable and it is recommended that the users should add proper notes that would assist and aid in terms of understanding all the diagrams completely. Design is the important stage of the implementation of the project and should be done with a close coordination with all other aspects of the physical information system design. Design should be followed by documentation to guide the users. Database application will then be met if all the stages of implementation are followed to the

Book Review on On the Beach by Nevil Shute Essay

Book Review on On the Beach by Nevil Shute - Essay Example Meanwhile, global winds slowly carry the deadly radioactive waste towards the Continent which is why he is to find many dead along the way. Human and animal life are dying as a result of sickness produced by radiation, a kind of cholera which begins with nausea, vomiting, diarrhoea, increasingly violent spasms, and, finally, death from exhaustion. As everyone is dying either through radioactive poisoning or cyanide pills, Australia, like the other southern nations, distributes cyanide pills to those who want them to die an easier death. This is the story of the last people on earth as written by Nevil Shute. Nevil Shute's beach stands for the ocean of time, where the last waves are swishing and breaking in the sand on those shores. The beach is that of Melbourne, Australia, the southernmost city of the world, where the people live out their last days of their existence. "On the Beach" is a dreamlike journey into the darkness of the Nuclear Age which is our time. The basic premise of the novel is that nuclear war, if it comes, will have only one outcome. While not every corner of the earth will be charred and destroyed badly, everyone will suffer. This is a reminder of that fact. Who is to blame The complete depopulation of the northern hemisphere is based on mistakes and misunderstandings, according to the novel.

Dead Poets Society :: essays research papers

When I first saw Dead Poets Society, it was nothing I expected. The film is quite serious and it is without question the best movie I've ever seen. It takes place in 1959 at Welton Academy, a private collage prep school for boys where discipline is the most important goal and any demonstration of a free thought is strictly prohibited . One voice stands out among narrow-minded administration-John Keatings, eccentric and inspiring teacher. He wants his students to "suck the bone of life to the marrow", "to seize the day", and to make their lives "extraordinary". Keatings teaches poetry, but his students get a lot more than that- they learn passion, courage, and romance. Group of his students dare to form Dead Poets Society, a secret organization. One of the boys, Neil, who wants to be an actor but whose overbearing father forbids him to , commits a suicide and dies . His roommate , Todd, is trying to live up to expectations after his brother becomes the school's valedictorian. At the end, Mr. Keatings is fired after being accused of having a negative impact on his students. Self-esteem becomes one of the centers of the movie. Neil's low self-esteem reveals itself only in the relationship with Neil's father, but leads Neil to his tragic end. On the other hand, Todd, with the help of Professor Keatings, was able to build up his self-esteem . John Keatings wasn't a regular professor: his teaching methods were very different from those of others in Welton Academy. The relationship between Todd and professor Keatings is quite interesting because we can see the transformation that Todd went through from being afraid to answer teacher's question to being the first one to show his appreciation for Mr. Keatings when doing so could lead to expelling from the school.It is very interesting to see how John Keatings establishes the relationship with his students. He is quite open with his students about his attitude towards the world and his ideas about the purposes of life, and other general things, however, at the same time he doesn't reveal his personal life. This is very understandable due to the fact that he is a teacher, and his role as a teacher prevents him from getting too personal with his students. Moreover, in my opinion, it was very important to keep this barrier between the professor and his students because otherwise they could've lost their respect for him as a teacher.

IPT Marketing Analysis

According to the International Dairy Deli Bakery Association’s What’s in Store report, 93% of Americans snack, with 50% of them doing so two or three times a day; 40% at least four times a day; and 13% five or more times a day (â€Å"Industry News: Snacks and Sweets Statistics†, 1998). Everybody snacks. In a culture bored by potato chips and peanuts, there is a golden opportunity for IPT to infiltrate the national snack market, both sweet and salty, by offering something unique, which will appeal to all ages and ethnic groups.Initially, target markets will consist of three categories based on price structure and volume: corporate accounts, retail customers, and wholesalers. In order to reach these target markets, a number of means will be used. For corporate accounts, including incentive companies, sales managers will participate in a sales blitz of local companies and both print and online e-zine advertising will be placed with trade publications. To reach whole sale accounts, sales managers will participate in trade shows and banner advertising will be placed on commercial distributors’ websites.Retail customers, IPT’s strongest market, will be tapped through the development of a catalog, a website with point of sale software, and radio advertising on a local and national level. Currently, a strong market exists for retail consumers who are health conscious but don’t want to give up snack foods, or what is labeled â€Å"compromisers† (Kuhn, 1996) and this will be a key segment for IPT.In the future, expansion of target markets will include foreign consumers, bulk buyers, and ethnic groups (with offerings of flavor coatings reflective of culture). After expansion regionally and nationally, the next market to logically to acquire is a global one. As IPT expands its operations, it is essential to fine-tune production in order to attract customer who will order in bulk, such as Wal-Mart. With IPT’s patented c oatings process, it will be easy to offer additional exotic flavorings to attract various ethnic groups.Market segments are divided geographically, psychographically and by price point. Geographic areas will be segmented according to local, country-wide and Canada and sales managers assigned to each markets. The psychographic segments are categorized according to those who are health-conscious, families, and baby boomers as well as senior citizens who have fond memories of popcorn and pretzels as treats while growing up. In addition, segmenting by price points will give IPT the categories of retail, wholesale, and corporate accounts.Pricing to the various segments will reflect high-end cost with retail consumers paying full mark-up, wholesalers receiving a 40% discount off retail pricing and corporate accounts capable of realizing a 25% to 35% discount based on annual sales volume. Retail customers will bring in the most profit per sale, however, sales from the retail sector will ce rtainly be lower than that of those at the wholesale and corporate levels.Positioning of IPT in the marketplace will be first and foremost focused on its products’ quality, uniqueness and variety (snack foods, floral arrangements and gift baskets). The products, many with their origination in Pennsylvania Dutch country, and the patented popcorn coating process are unique and consumers will see them as exotic. Stressing the variety of products offered will capture further shares in the market. Brand management based on this positioning strategy will employ the use of memorable tag lines geared at the various segments such as â€Å"Dutch treat† and â€Å"Healthy indulgence†. To coincide with this brand management philosophy, marketing materials will be consistent in packaging and liberally employ the use of IPT’s newly created, distinctive logo.IPT is differentiated by other, larger, snack food suppliers by offering a more personal touch in customer service . Customers will have several ways of ordering products (phone, catalog, website, retail store) as well as the availability of a dedicated customer service line for any problems that might arise, day or night. IPT’s snack foods are different than other manufacturers, such as Frito Lay, because of their Pennsylvania Dutch origins. This, along with IPT’s unique coating process, allows the company to offer very unique products unavailable at the local grocery store. The modern trends in snack foods are to be organic and healthy while a heavy Asian and Hispanic influence demand that spicier flavors be added to snack foods (â€Å"Snack Food Trends in the United States†, 2006).With the company strengths of local recognition, the patented coating process, the long-term contracts and the addition of other products to its offering, IPT is poised to become a major player in the snack food and retail product market. Only through effective marketing, however, will this be a chieved.Referencesâ€Å"Industry News: Snacks and Sweets Statistics†. Retrieved February 4, 2008 from Fiery Food Website: http://www.fieryfoodscentral.com/zine-industry/sweetstats.html.Kuhn, Mary Ellen (February, 1996). â€Å"The charge of the light brigade†. Food Processing. Retrieved February 4, 2008 from the All Business Website: http://www.allbusiness.com/manufacturing/food-manufacturing/544503-1.html.â€Å"Snack Food Trends in the United States† (2006). American Taste Magazine. Summer edition. Retrieved February 4, 2008 from the American Taste Website: http://www.american-taste.com/AP%20Sm06%20Snack.htm.

Diabetes Mellitus And The Long Term Complications

Introduction The idea of this paper is to give a general idea of diabetes mellitus, epidemiology, role factors and complications that arise from it, comparing and exhibiting the distinctions between type I type II diabetes, the people who are in jeopardy of developing diabetic renal diseases and hypertension due to the complications identifying the general pathogenesis of diabetes mellitus the long term complications that may transpire. Epidemiology of Diabetes Mellitus Diabetes Mellitus is one of the very prevalent metabolic diseases that affect about 6% of the population. The number of diabetic patients will reach 300 million in 2025. (International Diabetes Federation, 2001) Diabetes is a chronic metabolic disorder that occurs†¦show more content†¦(Rosella L, 2012) The environmental factors include: drugs and toxic agents, obesity, viral infection and physical inactivity. Genetic factors include inheritance, for example, if the parents have type II diabetes, the child would have a much higher chance of having it as well. (Karin C. VanMeter, 2014) Compare and contrast Type 1 and Type 2 diabetes mellitus Type I diabetes mellitus is a diverse disorder characterized by destruction of pancreatic beta cells, leading to absolute insulin deficiency. The majority causes related to an autoimmune-mediated destruction of beta cells; small minority causes are related to an idiopathic destruction or failure of beta cells. This type of diabetes is more severe. (Karin C. VanMeter, 2014) Patients that are diagnosed with this type of diabetes are dependent on insulin. The amount of insulin required is equaled to the metabolic needs of the body based on the patient’s dietary intake and their levels of metabolic activity. Acute complications include hypoglycemia or diabetic ketoacidosis. (Karin C. VanMeter, 2014) Diabetic ketoacidosis is a complication of diabetes that occurs when the body produces high levels of blood acids called ketones. This complication develops when the body does not produce enough insulin. Type I diabetes is a major factor predisposing to cerebrovascular accident, myocardial infarction, peripheral vascular disease, amputation, kidney failure and blindness. (Karin C. VanMeter, 2014)

Gender Roles During Modern Europe - 1485 Words

Gender roles in early modern Europe were ultimately characterized by the culture forces that shaped the period, particularly through religion, literature and art, and through the establishment and the execution of the law. Men and women’s roles and responsibilities as husbands and wives and as fathers and mothers were principally imposed by these cultural facets. While economic pressures did influence gender roles, their overall impact was less than that of their cultural counterparts. Religion, notably marked by the Protestant and Catholic Reformations, arguably prevails as the dominant cultural force in the shaping of gender roles in early modern period. Men and women’s duties as husbands and wives were framed by Christian beliefs,†¦show more content†¦Moreover, in response to the Protestant Reformation, the Catholic Reformation strove to reaffirm its authoritarian position through renewing its own traditional doctrines of chastity and celibacy as well as wri ting their own marriage manuals, which were nearly identical to those of Protestants, excepting the reiteration of female inferiority. Additionally, Judaism defined gender roles similar to Catholicism, placing the woman in passive and pointedly inferior positions. Therefore, religion, notably Protestantism, Catholicism, and Judaism alike, created gender ideals, particularly for women. Literature and art, including that of Christians and of secular society, were pivotal to the construction and circulation of early modern gender roles. 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