ABSTRACT
Held The court said that since the purpose of s 214 was compensatory, this was a commercial purpose aimed at restoring a company’s wrongfully depleted assets, so there was no reason to conclude Parliament had intended a s 214 claim to be defeated by the death of the relevant director. However, on the facts of this case, the allegation of wrongful trading was not made out and the court counselled against the dangers of being overly wise and judgmental with the benefit of hindsight.
