Question
DEF Ltd was incorporated on January 2011 and was floated on the ASX in March 2011, having raised $20 million from investors. The company is
DEF Ltd was incorporated on January 2011 and was floated on the ASX in March 2011, having raised $20 million from investors. The company is primarily involved in mining and exploration activities in the Northern Territory. DEF Ltd have three directors: Rocky, Drago and Clubber. Rocky is the company's chief executive officer. Clubber is the company's chair. Drago is the company's chief financial officer. The company began exploration activities in July 2011. After drilling a number of sites, a geological survey was commissioned and the results from the mine wells were tested. The results from the survey reveal that the mining site has low levels of gold deposits and is considered to be uncommercial. The company has already spent $5 million. At a recent meeting, the board considers whether to abandon its mining activities and return the company's remaining capital back to its shareholders. Rocky is an eternal optimist and never knows when to quit. He argues that the company is on the verge of a major discovery and should continue with its exploration activities. Clubber and Drago are less optimistic and suggest that the company's remaining capital should be returned back to investors. To avoid another heated confrontation, they agree with Rocky that the company should continue with its drilling program. At the completion of the drilling activities in 2018, all of the company's capital has been exhausted and there have been no major discoveries.
Required:please answer following questions in own words.
1. Have Rocky, Drago and Clubber breached any directors' duties?
2. Do they have an arguable defense?
3. Advise whether the same standard will be applied to Drago, as the company's chief financial officer?
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