1.Would your answer in any case be different if, unknown to the seller, SAFPL had a constitution and clause 48 of the constitution said 'a proposed expenditure of $4 million or greater must be approved by ordinary resolution of the shareholders in general meeting', and this has not been obtained?

See HRS [23-560]

2.Would your answer to 1(b) be different if David Henry had never formally been appointed as Managing Director, although he acted with the consent of the other directors in that capacity?

See HRS [23-440] andBrick and Pipe Industries Ltd v OccidentalLife Nominees Pty Ltd

3.Would your answer to 1(e) be different if David Henry had introduced Richard Prais to the CEO of the machinery manufacturer as a director of SAFPL?

See HRS [23-440] - [23-450] andCrabtree-Vickers Pty Ltd v Australian Direct Mail Advertising and Addressing Co Pty LtdandBrick and Pipe Industries Ltd v OccidentalLife Nominees Pty Ltd