JSB171 Lecture Notes - Lecture 1: Australian Securities Exchange, Casual Vacancy, Ampol
Document Summary
General law includes (cac (nsw) v drysdale (1978): appointed as a director, assume office of director without being properly appointed. Reflected under ca (s9: appointed as director or alternate director acting in that capacity: s9(a, not appointed but acts in position of director or accustomed to act in accordance with instructions or wishes: s9(b) Includes : person appointed: s9(a, de facto directors: s9(b)(i) (act in the position of a director) dct v austin. Eg person who resigns as director but continues exercising functions: dct v. Austin: shadow directors: s9(b)(ii) (the directors of the company are accustomed to act in accordance with the person"s instructions or wishes); standard chartered bank of. Eg holding company being shadow director of subsidiary: standard chartered. Question of degree, considering (dct v austin) Bank of australia ltd v antico influence over the affairs of the coy: australian securities commission v as nominees.
