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JV Mine Pty Ltd has four directors: Addis, Boon and two nominees of QMNE Ltd, the company that owns the other 50% of the issued
JV Mine Pty Ltd has four directors: Addis, Boon and two nominees of QMNE Ltd, the company that owns the other 50% of the issued shares in JV Mine. In 2011, the mine operated by JV Mine was hit by severe flooding and ceased production for several months. The chief operating officer of JV Mine sent a report to its directors explaining that there were cash flow difficulties, that copper prices were dropping, and that the prospects of JV Mine raising further capital by borrowing or further equity injections from GML or QMNE were limited. At a board meeting attended by Boon and the two QMNE nominees, the directors resolve to enter into an agreement with a German engineering firm to acquire a new drill. They believe the new drill will improve efficiency at the mine and return it to profitability. Addis 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 Mine? Assume that the directors ofJV Mine have breached their duty to prevent insolvent trading. What consequences can follow
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