Vesna has attended University and holds an engineering degree and a Masters of Business

Administration (MBA). She has a good knowledge of the building industry and the way company

finances work.

Serge i Ziad broher and ha had a long hior of depreion and lack of elf-esteem. Zviad

ppored Serge ih o become a board member een hogh he offered little by way of expertise.

Ziad hogh ha i old help Serge peronal deelopmen b giing him a differen foc

Borida Bilder P Ld had a record ear in The goernmen fir home ber grant meant

that the company had many building contracts. The directors met in July and decided to pay a dividend

of 9c per share.

The company has experienced a severe decline in new contracts in the last two months. This is due in

part to a number of cut-price builders offering cheap building contracts. This has placed the company

in financial difficulties. Mikhail and Zviad have been with the company since day one and are attached

to the company. It is their main focus and provides them with emotional and financial wellbeing.

Sergey has never read any financial statements that have been sent to him. He did not check the

compan financial rern for an of he ear before he a appoined and he ha neer read an

reports since he was appointed.

Shareholders of Borisda Builder Pty Ltd number 15 and include the directors and members of the

founding family who have held onto shares but take little interest otherwise.

Vena broher Dog ha a bilding deign compan Dog he Deigner P Ld and Vena aend

its Board meetings and gives advice. Because of her education and experience the Board of Doug the

Designer Pty Ltd follows her directions. Recently, Borisda Builder Pty Ltd contracted with this

company. It was Vesna that convinced the rest of the Board of Borisda Builder Pty Ltd to enter this

contract. It was Vesna that had collected all the quotes for this work and they all exceeded the Doug

the Designer Pty Ltd quote. This was due to the fact that Doug the Designer Pty Ltd had put in a quote

below the cost price of the work because Vesna had promised more work from Borisda Builder Pty Ltd

in the future.

Ilyych attended a Board meeting a few months ago and brought with him what he believed was a great

idea. His proposal was that the company become involved in constructing cubby houses for children

out of the leftover materials from around their building sites. The other Board members were not so

convinced but Ilyych being an accountant produced some very impressive figures based on

informaion from he compan file The board oed against the proposal after Vesna, with her MBA

training, argued the company should focus on its main game of house building.

Ilyych is disappointed but yesterday signed a deal with another building company known as

Canweafixdat? Pty Ltd. The deal involves Ilyych being paid a commission of 10% for every cubby house

sold and a place on their Board.

Borisda Builder Pty Ltd is having financial problems yet the Board continues to allow the company to

trade without considering the consequences.

Required:Discuss the statutory and common law positions of the directors in the case study above.