Question
Assume that Frank has breached his duty to act in good faith and in the best interests of the company and his duty to avoid
Assume that Frank has breached his duty to act in good faith and in the best interests of the company and his duty to avoid a conflict of interest and that the other directors have breached their duty of care in relation to the sale and lease back of the showroom site.
What rights does Asset Grow Ltd (AGL) have under the Corporations Act 2001 (Cth) if the company refuses to take action against the directors for breach of duty? How would Asset Grow Ltd (AGL) exercise its rights to remedy the situation?
Give reasons for your answer referring to the Corporations Act 2001 (Cth) and/or cases as relevant to support your arguments.
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