Directors - Different Types

Question 1

O’Sullivan -v- Conroy Gold

Answer 1

Contract of sacred nature - Memos and Arts must be adhered to.

Question 2

Tralee Beef and Lamb

Answer 2

Doesnt matter how involved - if formally appointed, owe duty to keep informed

Question 3

Holcroft Developments

Answer 3

SD - mutually exclusive. Acted on Instruction, causative communication, reliance/pattern, real influence, motive not decisive.

Question 4

Devona Limited

Answer 4

SD Found error after redundancy - must have real influence over corporate affairs

Question 5

State -v- Deverell

Answer 5

SD - Real influence

Question 6

Lynrowan Enterprises

Answer 6

DFD - Capable of being restricted - directing affairs, equal footing as both formal and informal directors.

Question 7

First Class Toy Traders

Answer 7

DFD - Part of the corporate governing structure

Question 8

Smithen -v- Nagger

Answer 8

DFD - Level of fact and degree, governing structure, irrespective of motive or intent. Cannot avoid liability on good faith.