Advise as to the liability of the various parties

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Question: Delicious Spices Pty Ltd (Delicious Spices) is a company engaged in the business of importing and wholesale supply of spices to various shops and restaurants throughout Australia.

Ashish, Bimala and Chandresh are the directors of Delicious Spices.

On 1 March 2022, Bimala met Zahir. Zahir was setting up a new business to run an Australia-wide chain of 30 restaurants selling Indian and Nepalese cuisine. Zahir was looking for reliable suppliers of spices for his new business.

Bimala, who did not wish to miss out on a lucrative business opportunity, decided to set up her own business as a wholesale supplier of spices. She called her company Fabulous Foods Pty Ltd (Fabulous Foods).

On 1 April 2022, Fabulous Foods signed a contract with Zahir and agreed to supply spices to Zahir and his new business.

On 1 August 2022, Bimala resigned as a director of Delicious Spices.

At the same time, Ashish and Chandresh discovered that Bimala had approached a number of Delicious Spices' established customers and had secured orders from them in the name of Fabulous Foods.

Using the IRAC problem question template set out below, please advise as to the liability of the various parties both under the common law and the Corporations Act 2001 (Cth).

Reference no: EM133232982

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