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Tempo Holidays Pty Ltd (in liq) v Tully & Berkley Insurance Australia
Monday 22 April 2024 / by John Van de Poll posted in Insurance Insurance Duty of Disclosure Travel

The article discusses a case involving the Liquidator of Tempo Holidays and Berkley Insurance Australia. The plaintiffs alleged a breach of the director's duties by Mr Tully led to unsecured loans to the Global Treasury Arrangement (GTA) that were not repaid. The court found that the plaintiffs failed to prove the alleged breaches of duty by Tully or that any breach caused Tempo to suffer loss. Importantly the court also found that Tempo breached its duty of disclosure by not disclosing information which indicated it parlous financial state.

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