The equitable duties of company directors

William Gummow*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

7 Citations (Scopus)

Abstract

This article considers the equitable duties of company directors, including in light of the Bell litigation. Three matters in particular are examined. First, the distinction between directors' fiduciary and other equitable duties is analysed, and the different types of accessorial liability that may attach in equity and pursuant to statute for breach of such duties outlined. Secondly, it is argued that equity should not fix criteria for accessorial liability for breach by directors of non-fiduciary duties that are more severe than those provided by statute. Finally, the availability of an award of compound interest, against both a director for breach of equitable duty and a third party accessory, is considered.

Original languageEnglish
Pages (from-to)753-760
Number of pages8
JournalAustralian Law Journal
Volume87
Issue number11
Publication statusPublished - Nov 2013
Externally publishedYes

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