Question
JV Investor Pty Ltd has four directors: Adderson, Boon and two nominees of Blue Ltd, the company that owns the other 50% of the issued
JV Investor Pty Ltd has four directors: Adderson, Boon and two nominees of Blue
Ltd, the company that owns the other 50% of the issued shares in JV Investor. JV
Investor has spent several million dollars on developing the new technology, but it is
not going well. The chief operating officer of JV Investor sent a report to its directors
explaining that there were cash flow difficulties, that rival technologies were emerging,
and that the prospects of JV Investor raising further capital by borrowing or further
equity injections from AMGL or Blue were limited. At a board meeting attended by
Boon and the two Blue nominees, the directors resolve to enter into an agreement with a German software firm to purchase some intellectual property that might assist the project. Adderson is away on holidays and does not attend the meeting. Have the
directors (or any of them) breached their statutory duty to prevent insolvent trading
by JV Investor?
Assume that the directors of JV Investor have
breached their duty to prevent insolvent trading. What consequences can follow?
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