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H Pty Ltd is a property development company. It has three directors: Abe (CEO), Bob (CFO) and Connie (non-executive director). Several months ago, there was

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H Pty Ltd is a property development company. It has three directors: Abe (CEO), Bob (CFO) and Connie (non-executive director). Several months ago, there was an opportunity to acquire a vacant site in the CBD from Lew Pty Ltd. Abe told the board that, in his opinion, the site was suitable for a multi-storey apartment development. The Board also relied on information provided by Bob in a short presentation outlining how the acquisition could be funded and offering an opinion that the project would be highly profitable. The directors were unaware that the Heritage Council had restrictions on the height of CBD buildings. Further, Abe did not inform the Board that Abe and his family have a significant stake in Lew Pty Ltd. The project was a financial disaster for H Pty Ltd. It paid too much for the site (given the planning restrictions) and the costs of borrowing escalated dramatically after the date of purchase. Please advise whether: (a) H Pty Ltd's directors, including Connie, the non-executive director, breached their common law or statutory duties in relation to the purchase of the site. Indicate if there are any relevant defences. (b) Abe contravened any provisions of the Corporations Act in relation to the deal with Lew Pty Ltd. Advise on any possible sanctions

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