Open Access Te Herenga Waka-Victoria University of Wellington
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"Directors' duties" imposed below board level

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thesis
posted on 2021-11-14, 00:39 authored by Barber, Fran

Recently, the High Court of Australia considered the scope of the term “officer” in a case concerning the breach of a statutory duty under the Corporations Act 2001 (Cth). The equivalent duties prescribed by the New Zealand Companies Act 1993 are owed by an ostensibly narrower class. In considering how New Zealand law would apply to the same facts, this essay discusses the extent to which directors’ duties are, or should be owed by those below directorship level. It concludes that an expansive interpretation of the “director” definition is unnecessary and undesirable, and that explicitly extending directors’ duties to encompass certain senior managers would merely create uncertainties for courts and corporate leaders.

History

Copyright Date

2013-01-01

Date of Award

2013-01-01

Publisher

Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Name

LL.B. (Honours)

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law