Directors' Fiduciary Duties in the Western Australian Supreme Court - Again

32 Company & Securities Law Journal 362, 2014

15 Pages Posted: 23 Oct 2014

Date Written: June 2, 2014

Abstract

This article (published in (2014) 32 Company & Securities Law Journal 362) analyses an interesting judgment of Pritchard J in the Western Australian Supreme Court concerning directors' fiduciary duties (in the context of alleged fiduciary duties between the state and Aboriginal people). Pritchard J's analysis of the duty to act in good faith in the interests of the company is particularly interesting in terms of its incorporation of the concept of a decision that no reasonable board could have reached. The article shows that this concept can be equated with rationality and links it with jurisprudence concerning the business judgment rule.

Keywords: directors' duties, good faith, business judgment rule, fiduciary duties

JEL Classification: K22

Suggested Citation

Langford, Rosemary Teele, Directors' Fiduciary Duties in the Western Australian Supreme Court - Again (June 2, 2014). 32 Company & Securities Law Journal 362, 2014, Available at SSRN: https://ssrn.com/abstract=2513076

Rosemary Teele Langford (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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