While observing the judge’s legal reasoning in this particular case, I could say that ”Ratio decidendi” depends on the current facts emphasized in the case and that “Obiter dicta’s” concept presents conclusions based on hypothetical situations.
- The major legal issues
The legal issues in this particular case are relied on the ASIC Act where a person becomes automatically disqualified from managing a corporation if the person is convicted of an offence that “involves dishonesty”. Accordingly, Mr. Schwartz has committed an offence by making (participating) decisions on behalf of the business. Moreover, he has communicated instructions to the director of the company Mr. Goodman, who was accustomed to act in accordance