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“Rialto” Yukong Line Ltd. Of Korea –v- Rendsburg Investments Corporation Of Liberia And Others (No. 2)

23rd Sep 1998

[1998] 1 Lloyd’s Rep. 322; [1998] 1 WLR 294; [1998] 4 All ER 82

David Allen acted in this matter involviong – Piercing the corporate veil, consideration of the “sham” doctrine, whether a director was personally liable under a contract, agency, conspiracy, breach of fiduciary duty

Agency – Charterparty – Unnamed principal – Charterparty signed by director of charterer’s broker – Repudiation of charterparty – Transfer of charterer’s funds to associated company before litigation – Whether director liable as undisclosed principal – Whether liable for repudiation by charterer

Conspiracy – Unlawful act – Cause of action – Transfer of company’s assets by defendant in breach of fiduciary duty – Whether defendant owing direct fiduciary duty to individual creditor of company – Whether actionable at suit of creditor

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