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Australia directors dutiesratificationfiduciary duties

Carabelas v Scott

Carabelas v Scott [2003] SASC 389; (2003) 177 FLR 334
JurisdictionAustralia
CourtSupreme Court of South Australia (Full Court)
Year2003
StatusBinding authority

Key Principle

Directors and sole or controlling shareholders of a company cannot, by ratification or release, absolve themselves from the statutory duties imposed on directors under the Companies Code, although shareholders' acquiescence in a course of conduct may bear on the practical content of those duties and on whether the impropriety necessary to establish a breach is made out.

Area of Law

General

Related Cases

Hopper & Anor v State of Victoria [2026] HCA 11
Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd & Ors [2026] WASC 101
City of Parramatta Council v Transport for NSW [2026] NSWSC 294

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