The Court held that a director can be jointly liable for a company's continuing trespass by omission (failure to remove waste after lease termination) where the director's pre-tort conduct — including controlling the corporate group, directing cessation of waste processing, managing regulatory relationships, and holding majority shareholdings — demonstrated 'close personal involvement' going beyond the proper role of a director. The Court rejected the argument that because continuing trespass arises through omission rather than positive act, a director's knowledge and pre-tort involvement are irrelevant to joint tortfeasor liability; the principles governing director liability as a joint tortfeasor do not change depending on the nature of the underlying tort. The Court also upheld the finding that a Heads of Agreement emailed in contemplation of leasing a third unit did not replace or vary the original formal lease for two other units, and accordingly the director's personal guarantee remained operative in respect of those units.
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