Question
The board of Tobacco Alp Coffee House Ltd (TACH Ltd), a large coffee bean company listed on the Australian Stock Exchange, which makes the best
The board of Tobacco Alp Coffee House Ltd (TACH Ltd), a large coffee bean company listed on the Australian Stock Exchange, which makes the best possible coffee beans in the world, is comprised of three directors, two of whom are executive directors and one of whom is a non-executive director: Vanessa is the managing director of TACH Ltd. She has been the managing director for 5 years. Kurt is a non-executive director, who barely attends board meetings, and is Vanessa's partner. Erol is an executive director of the board, who has substantial experience in the coffee bean industry, and is also the Chief Financial Officer of TACH Ltd. The board of TACH Ltd has recently entered into a number of investments, including a new coffee bean factory, and some investments which have been losing large sums of money. At a board meeting in August 2016, the board considered the company's financial statements relating to the loss making investments. The financial statements were negligently prepared and showed a profit instead of a loss. These financial statements were prepared by Erol. During the board meeting, Erol failed to tell the directors about the loss and Vanessa failed to ask any questions about the financial statements, and Kurt (as per usual) was absent from the meeting. Due to time constraints, Vanessa failed to read the financial statements, believing that Erol would discuss the statements with her if there were any important matters that required her attention. The board of directors do not identify the mistake and authorise further investment in the loss making business ventures. By September 2016, TACH Ltd is insolvent. Discuss whether any of the directors of TACH Ltd have breached any statutory duties. What are the consequences (if any) of a breach of the Corporations Act? Refer to relevant legislative provisions and case law in your answer
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