Reference no: EM13342636

Question

Assume that a person who appears on ASIC records as a director, and whom everyone (including the company) thought was validly appoimed as a director. is not in fact, validly appointed. (The notice requirements for the convening of the board of directors' meeting at which she was appointed were not complied with).

Does this fact alone invalidate a contract signed by her in the capacity of director?

Question 2
Tina is the editor of and an executive director of )(rt. Pty Lid (XY7_) which publishes a free lifestyle magazine widely distributed in Melbourne. The magazine relies heavily on its advertising, revenue. Tina became dissatisfied with her position on its advertising, revenue.

Tina became dissatisfied with her position in the company and decided to leave and set up her own competing publication. Before she resigned she sent letters to many of the businesses advertising in the magazine, inviting them to transfer their business to her new publication. Shc compiled the list of persons to whom she wrote from memory and publicly available sources of information such as the White Pages and other directors. not from XYZ 's records. Three days after posting these letters Tina resigned from XYZ. Hcr new magazine was published the following week and many of the businesses:she had contracted transferred their advertising to it.