COMLAW 203 Study Guide - Quiz Guide: Equitable Remedy, Burland

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The issue is whether or not daiyu can take legal action against the other directors for breach of duty ca 1993. The directors huan and feug downloaded the client list and marketing strategy and incorporated it into the springbok. Under s145 directors are equally under a duty to maintain confidentiality of the company information. Therefore under section 145(1) a director of a company who has information in his or her capacity as a director of the company, being information that would not be available otherwise must not disclose information to any person. Frykberg v heaven & ballymore advertising ltd and cook v deeks for disclosing information that must be for the benefit of the company. Ferg should not use company information that would otherwise to be available to them unless for the purposes of the company and as required by law. Therefore daiyu can take legal action against the directors for breach of duty under ca 1993.

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