Question
Eleanor and Chidi are the two directors of The Okay Place Pty Ltd (TOP), which operates a caf in Carlton.They each own 20% of the
Eleanor and Chidi are the two directors of The Okay Place Pty Ltd (TOP), which operates a caf in Carlton.They each own 20% of the company's share capital, with the remaining shares owned by A Marvellous Place Ltd (AMP).Because of strong competition from other local cafs, TOP is doing poorly and has been late in paying both its staff and its frozen yoghurt supplier.Eleanor and Chidi have warned Michael, the CEO of AMP, of their financial difficulties but Michael just told them not to worry.
Eleanor uses the remaining money in the company's bank account to pay herself a dividend.Chidi disapproves of this action, but Eleanor does it anyway.Chidi and Eleanor then place the company into liquidation.
Advise ASIC or the liquidator whether they can bring any action against Eleanor, Chidi, Michael or AMP. Do not discuss ss 180 - 183 of the Corporations Act 2001 (Cth) or their general law equivalents.
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