Question
Olivia, Emily, and Jessica are the only directors of Daily Watches Pty Ltd (Daily), a company that sells expensive antique watches. Each director holds 30
Olivia, Emily, and Jessica are the only directors of Daily Watches Pty Ltd (Daily), a company that sells expensive antique watches. Each director holds 30 shares and they are the only shareholders. Clause 10 of the Constitution of Daily provides that Olivia, Emily and Jessica shall be directors of Daily at all times.
The directors have been friends for many years and they had all previously worked for the same employer. They decided to start the watch business after they were all made redundant by their former employer. They thought the watch business was a great idea, as they all had some knowledge about antique watches and starting the business meant they would all effectively be employed.
In June, a customer came into the Daily shop looking to sell a very rare antique watch, and the sale price is $100,000. Emily and Jessica were all in the shop at the time. Due to lack of fund by Daily, it could only afford to pay $40,000. The directors admired the watch and decided to contribute $30,000 each one to buy the watch. They finally purchased it for $100,000 and later sold it at an auction for $1 million. The two directors shared the profit derived from the sale of the watch.
Olivia is livid and wants to know whether Emily and Jessica of Daily Pty Ltd have breached their statutory duties under the Corporations Act. Please advise Olivia!
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started