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Green Energy Ltd (GE) is a publicly listed company incorporated in Australia. The company specialises in renewable energy trading by offering an online energy trading system for buying and selling electricity and natural gas. Moreover, in order to make participation in GE’s trading system more attractive, the company offers its customers ‘risk management’ products that allow customers to purchase financial contracts to protect themselves against fluctuations in price. GE has won recognition as the most innovative Australian company by the Clean Energy Council, for three consecutive years. The success of GE has attracted many competitors offering similar online energy trading systems. Notwithstanding that GE’s revenues continue to grow substantially, the company’s net profit margins are declining. In order to address these issues, Dundee, the GE managing director, proposes to the GE board of directors that the company should expand its energy trading operations to other countries and begin to trade non-energy commodities. Although GE has no experience in these areas, Dundee expects that techniques used for energy trading in Australia can be used in other countries and in non-energy commodity markets such as corn, cotton, soybeans and metal markets. However, Dundee has failed to inform the GE board that in a recent marketing survey, over 50 percent of the company’s customers are not interested in the proposed expansion plan for non-energy commodities trading. After some deliberations, the GE board approves the expansion plan. GE spends $750 million on developing a modern optical fibre network to run the company’s expanded trading system. Despite the state-of-the-art computer network and 1000 new employees, the expansion project shows no signs of profitability. Six months after the expansion plan is put into effect, the company’s shares have lost 50 percent of their market value. When Maya, a GE shareholder, learns of the board’s approval of the expansion, she thinks it is a big business mistake. Maya wants to initiate court proceedings to stop the expansion plan. Advice Maya on both (a) and (b): (a) Have Dundee and other directors of GE breached any of their duties under the general law and the Corporations Act 2001 (Cth)? (b) What remedy, if any, may Maya seek against the GE directors under the general law and the Corporations Act 2001 (Cth)?

Green Energy Ltd (GE)

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