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A court has ordered the appointment of liquidators to Family Ltd based on the non-payment of a statutory demand. Ah Ling and Jorge Cabello are
A court has ordered the appointment of liquidators to Family Ltd based on the non-payment of a statutory demand. Ah Ling and Jorge Cabello are the appointed liquidators. The liquidators are concerned that two of the directors, Herb Smith(CEO) and Greda Pavlovic have failed to exercise an appropriate degree of skill commensurate with their qualifications and experience. The liquidators believe that the judgement of Middleton J in ASIC v Healey & Ors (2011) FCA 717 will be particularly relevant in proving the alleged breach. The liquidators intend to initiate legal action in the name of the company. Required (a) Which duty do the allegations of breach relate to and what is the source of that duty? (b) What is the legal principal (test) that will be applied to the director conduct ? (c) What is the standard expected of Herb? (d) what is the standard of Greda? (e) If the judgement in ASIC v Healey case law what do the allegations against Herb and Greda relate to ? (e) What are the likely consequences if the court finds the directors have breached the duty
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