2017.08.03 S2 2017 Assignment Question.doc

2017.08.03 S2 2017 Assignment Question.doc - PACC6010...

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PACC6010 Assignment (30%) Each question is worth 10 marks. Due Date: Week 7 at the beginning of the lecture Question 1 Tweedle Pty Ltd is a company that lays down railway track in newly developing countries. A, B, C and D are the 4 directors of the company. The directors are the sole shareholder of the company, each director holding 25% of the shares. A, B, and C have decided that for personality reasons they cannot continue to work with D. They have set up a new company, Needle Pty Ltd, from which D is excluded. When Tweedle Pty Ltd was approached by the South African government to build a new railway line, A, B and C secretly negotiated to have the government contact referred to Needle Pty Ltd. D is now aware that the government contract has been referred to Needle and approaches you for advice. Required: (a) Have the 3 directors breached any duty they may have had to Tweedle? (b) What remedies, if any, does D have in regard to the actions of A, B and C in taking work from Tweedle and transferring it to Needle?
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