Question: Help Ltd has three directors and no constitution . The three directors are Harry the managing director , Egbert the non - executive Chairperson and
Help Ltd has three directors and no constitution. The three directors are Harry the managing director, Egbert the non-executive Chairperson and Laurel, a non-executive director.
At the next directors meeting the board is to consider the renting of a factory from Harry's wife Harriet and the purchase of a new forklift from Industrial Pty Ltd, a company in which the sole member and director is Larry, brother of Laurel.
The forklift purchased from Industrial Pty Ltd is found to be unsuitable as it cannot carry the weight required. The directors failed to consider this important feature when purchasing the forklift which has now had to be sold at a loss.
Advise the Directors of Help Ltd whether they have breached any of their directors duties. Include in your answer any defences available to each of the Directors. Ensure you refer to relevant case law and sections of the Corporations Act in your answer (10 marks)
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
