Question
Steve, the Managing Director of Landscape Leaders Pty Ltd (Landscape) accepts a bulk order for landscaping materials from Gotcha Gardens Pty Ltd (Gotcha). The landscaping
Steve, the Managing Director of Landscape Leaders Pty Ltd ("Landscape") accepts a bulk order for landscaping materials from Gotcha Gardens Pty Ltd ("Gotcha"). The landscaping materials are delivered to Gotcha, who fail to pay for the materials. Gotcha had a history of failing to pay their invoices on time and a bad credit score and Steve was aware of this. Due to increasing financial difficulties, Gotcha goes into liquidation, without ever paying Landscape for the materials. Meanwhile, Steve had also made plans to expand Landscape interstate. He borrowed $150,000 from Net Bank on behalf of the company, but these plans had not been disclosed to Landscape's shareholders. At the point of obtaining the loan, Net Bank advised Steve to keep track of the company's financial position, as Landscape had made a loss over the last two quarters of the financial year. In fact, Landscape's cash reserves are so low that they will not even be able to make the first payment on the new loan. Advise Landscape Leaders Pty Ltd whether Steve would be personally liable for Gotcha's unpaid debt and for repayment of Landscape's $150,000 loan to Net Bank. In your answer refer only to the statutory duties under the Corporations Act 2001 (Cth) and the supporting common law.
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