Director Personal Liability in Tort

1. What are the elements of the relevant tort? (​Body Corporate v Taylor​)
a. No requirement for ‘assumption of responsibility’, unless this is an element of the
particular tort, but not an overriding requirement for tort in general (​Standard
Chartered Bank v Pakistan​)
b. Attribution for liability purposes does not mean that such actions were not
committed by the relevant individual; Attribution merely provides a basis for
imposing liability on a company, ​not​ conferring immunity on an individual (​Taylor​)
2. Has each element been met? ​(rely specifically on the facts to explain why/why not)

Director Personal Liability Under The FTA

1. Was the Director ‘acting in trade’? (​section 9​, ​FTA​)

a. Broad approach = if a Director engages in misleading conduct on behalf of the
company (as long as they were acting ‘in trade’), that will be enough for the
Director to also be considered to have been acting ‘in trade’ (​Taylor​)
2. Whilst acting in trade, was the Director’s conduct misleading, deceptive, or likely to
mislead or deceive? (​section 9​, ​FTA​)
3. Compensation under ​section 43​, ​FTA​?
a. Note there is an element of ​knowledge under ​subs (1)(b)​-​(e) for holding
someone liable as a party, rather than a principle (​Taylor​)