Steven Goodman v DMS Governance Ltd - Judgment
Vicarious liability of a corporate service provider for acts of a director; Interpretation and enforceability of indemnity and waiver clauses in company articles; Threshold for pleading and proving “wilful neglect or default” by a director; Application of the City Equitable test for director liability; Whether a director’s repeated failures can amount to wilful default; Limits of vicarious liability where directors act in their capacity as company officers; Existence and enforceability of implied contractual duties between service providers and companies; Application of public policy in interpreting indemnity clauses; Appropriateness of summary judgment in complex fiduciary duty claims.
| Cause Number | Civ App 0032/2019 |
|---|---|
| Court | CICA (Civ) |
| Judge | Beatson JA, Birt JA, Moses JA |
| Parties | Steven Goodman v DMS Governance Ltd - Judgment |
| Judgment Date | 2020-04-30 |
| Subject | Vicarious liability of a corporate service provider for acts of a director; Interpretation and enforceability of indemnity and waiver clauses in company articles; Threshold for pleading and proving “wilful neglect or default” by a director; Application of the City Equitable test for director liability; Whether a director’s repeated failures can amount to wilful default; Limits of vicarious liability where directors act in their capacity as company officers; Existence and enforceability of implied contractual duties between service providers and companies; Application of public policy in interpreting indemnity clauses; Appropriateness of summary judgment in complex fiduciary duty claims. |
| Filename (current) | 20-04-30_steven_goodman_v_dms_governanace_limited_-_with_errata_and_justices_note.pdf |
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