ENT Pty Ltd v Sunraysia Television Ltd: A Positive Fiduciary Duty of Disclosure
26 Company and Securities Law Journal 470 (2008)
6 Pages Posted: 21 Jul 2013
Date Written: 2008
The case of ENT Pty Ltd v Sunraysia Television Ltd (2007) 61 ACSR 626 is welcome reassertion of the fiduciary duty of disclosure which is imposed on directors in certain circumstances. The recognition of this positive fiduciary duty challenges a more recent model of fiduciary duties that confines fiduciary duties to those that are proscriptive in nature and potentially even limits fiduciary duties to the duties to avoid conflicts and profits.
Keywords: directors' duties, fiduciary duties, company law
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