Goldtrail Travel Ltd v Aydin and others

Company – Liquidation. In 2010, the claimant, Goldtrail, a tour operator was placed into administration and thousands of its customers were stranded abroad. Goldtrail subsequently went into liquidation. It brought a claim against the first defendant, A, its sole director and shareholder for breach of fiduciary duties and breach of s 175 of the Companies Act 2006, and against other defendants for dishonest assistance. The Chancery Division, in allowing the claim, held that the first defendant was liable to Goldtrail for his misapplication of its money in breach of his fiduciary duties. The fact that the first defendant had been the sole director and 100% shareholder of Goldtrail did not prevent his conduct from being a breach by him of his fiduciary duty. The other defendants were jointly and severally liable to pay equitable compensation to Goldtrail for dishonestly assisting A.

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