Roch, Paco and Talbot Are the Directors of Mountain Breeze

Multiple Choice

Roch, Paco and Talbot are the directors of Mountain Breeze Pty Ltd ("Mountain Breeze") . Roch and Paco hold all the shares issued by Mountain Breeze between them. Mountain Breeze has a significant amount of debt. Roch and Paco pass a directors' resolution approving the sale of certain assets held by Mountain Breeze to another company they control at below market prices. This is clearly a breach of Roch and Paco's duty to avoid a conflict of interest and also a breach of sections 182 and 183 of the Corporations Act 2001 (Cth) . Which of the following is correct:

A) Talbot could not seek to bring a derivative action for the breaches because he is not a member of Mountain Breeze;
B) The creditors could sue the directors for breaching their fiduciary and statutory duties;
C) The creditors could seek an injunction under section 1324 preventing the company from transferring the assets on the basis that the creditors' interests would be affected Roch and Paco's breaches of the Corporations Act (Cth) 2001;
D) Talbot could bring an oppression action under section 232 of the Corporations Act (Cth) 2001 for the acts done by Roch and Paco;
E) Talbot could sue Roch and Paco for breaches of their statutory and fiduciary duties.