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 language | English |
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Pages (from-to) | 753-760 |
Number of pages | 8 |
Journal | Australian Law Journal |
Volume | 87 |
Issue number | 11 |
Publication status | Published - Nov 2013 |
Externally published | Yes |