Question
Kiran, Cindy and Yi are siblings who jointly own Grand Prix Cars Pty Ltd (GPC), a car sales business. The managing director and chair of
Kiran, Cindy and Yi are siblings who jointly own Grand Prix Cars Pty Ltd (GPC), a car sales business. The managing director and chair of the board is Kiran, with Cindy (an accountant) and Yi (an engineer) as non-executive directors. Kiran does not bother to hold regular board meetings, and Cindy and Yi pay no attention to the business of the company. GPC is not doing well financially. The company is often late in paying the mortgage on the company's showroom to YBank, and it has not paid wages for its employees for a month. Kiran has his own financial problems. He sells an expensive car to a customer who is willing to pay $5,000 cash, and pays himself a dividend with the money. He records these transactions in the company's accounts although he doesn't tell Cindy or Yi about them. YBank then has GPC placed into liquidation because of the non-payment of the mortgage. Advise whether there have been any breaches of directors' duties by any of the directors, and what defences, if any, are available. Do not discuss s 181, s 182 or s 183
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