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Question: jennifer worked for wayward sales pty ltd a company that...

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Jennifer worked for Wayward Sales Pty Ltd, a company that buys and sells designer furniture. She was in charge of sales and was one of the best salespeople on the team. The company decided to dismiss her unfairly and she made up her mind to take legal action against Wayward Sales Pty Ltd for wrongful dismissal. The directors of Wayward Sales Pty Ltd quickly called an emergency board meeting because they were apprehensive that Jennifer would succeed in her action. If she succeeded, Wayward Sales Pty Ltd would have to pay her substantial sums of money, which would wipe out most of the company’s profit. After quick discussion they opted to restructure Wayward Sales Pty Ltd by transferring all of the company’s assets to a new company which they created and named Designer Collections Pty Ltd. They paid all the creditors of Wayward Sales Pty Ltd before the transfer. Jennifer was successful in her wrongful dismissal claim and the court awarded substantial damages against Wayward Sales Pty Ltd. However, the company could not pay the amount because it had no assets left. 

REQUIRED:

With reference to relevant legal principles use the IRAC legal problem-solving approach, explain whether there are any grounds that would allow Jennifer to enforce the judgment against Antique Collections Pty Ltd. Give supporting case law.

 

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