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Facts Various conduct by Bernadette and Charles raise concerns of breaches of directors' duties on their part. The conduct in issue essentially include the information disseminated by Bernadette and Charles to prospective investors of Dextrous Investments Pty Ltd ("DIL"), the sale of shares in Indonesian electricity companies held by Acme Energy Limited ("Acme"), Bernadette's unilateral undertaking of issuing Acme's shares to DIL to cover DIL's loss in the sale, and the purchase and sale agreement prepared and signed by Bernadette and Charles. Roles As Bernadette is a director of Acme,1 she owes general law and statutory duties to Acme. Charles, on the other hand, is not a director under the statutory definition. Nevertheless, his position as the Deputy Chief Financial Officer ("DCFO") of Acme indicates that he, being part of Acme's senior management, has the capacity to affect Acme's financial standing, or participates in making decisions that affect the whole or a substantial...

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