Question
reword to sound better in an essay: There is an ample amount of case law in Australia that stipulates the fiduciary duty owed by the
reword to sound better in an essay: There is an ample amount of case law in Australia that stipulates the fiduciary duty owed by the directors of a company to take account of the interest of its shareholders and its creditors. In the case of Kinsela and Anor v Russell Kinsela Pty Ltd the Court held that where a company is in a position of marginal commercial solvency the duty owed by directors to the company as a whole extends not only to the interests of the shareholders of that company, but to the interests of its creditors as well. Where the directors act in breach of this fiduciary duty, to the detriment of the company's creditors, the shareholders of the company do not have the power or authority to absolve the directors of their breach.
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