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Results: 1-10 of 32

Court of Appeal rule on issues of priority

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • November 7 2012

The recent Court of Appeal (CA) decision The Healy Homberg Trading Partnership v Grant 2012 NZCA 451 examined issues of priority of competing security interests under the PPSA

Explaining the ordinary

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • October 14 2012

A recent judgment from New Zealand's Court of Appeal has provided useful guidance on an issue that arises frequently in priority disputes between secured parties under the personal property securities regime, and more widely

Supreme Court reverses previous thinking on the blue chip property investment schemes

  • Bell Gully
  • -
  • New Zealand
  • -
  • September 7 2012

The Supreme Court has issued a significant decision on the scope of investment products which fall within the Securities Act 1978 (reversing the findings of the High Court and Court of Appeal

What is a security and when does a sale of land require a prospectus? The Supreme Court reverses previous thinking

  • Bell Gully
  • -
  • New Zealand
  • -
  • August 21 2012

Recently the Supreme Court issued a significant decision on the scope of investment products which fall within the Securities Act 1978 (reversing the findings of the High Court and Court of Appeal

General counsel found liable as an officer of a company

  • Russell McVeagh
  • -
  • Australia, New Zealand
  • -
  • July 13 2012

An eye-catching feature of the recent decisions of the High Court of Australia concerning a misleading announcement by James Hardie Industries Limited to the Australian Stock Exchange was the finding that the general counsel and company secretary, Peter Shafron, had breached his duties as an officer of James Hardie

Contractual interpretation and limitations on claims for payment

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • July 12 2012

This case was an appeal in June 2012 by Dorchester Finance Limited (Dorchester), from a High Court decision made in December 2010

The Bridgecorp decision

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • May 2 2012

Justice Venning has recently delivered his verdict in the Bridgecorp trial, finding directors Rod Petricevic, Robert Roest and Peter Steigrad guilty of various offences under the Securities Act 1978, the Crimes Act 1961 and the Companies Act 1993 in relation to untrue or false statements in disclosure documents and directors' certificates

Convictions for defective disclosures in offer documents provide important lessons for directors

  • Bell Gully
  • -
  • New Zealand
  • -
  • May 1 2012

In the past year a trilogy of failed finance company cases have come before the New Zealand courts, providing important reminders and lessons for directors as they seek to comply with securities laws and their duties as directors

The Bridgecorp decision more convictions for defective disclosures

  • Bell Gully
  • -
  • New Zealand
  • -
  • April 17 2012

In the latest criminal case against the directors of a failed finance company for defective disclosures in offer documents, directors of Bridgecorp Limited were found guilty this month of offences under the Securities Act, Crimes Act and Companies Act: R v Petricevic 2012 NZHC 665 (the Bridgecorp decision

Status of claims over rental payments

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • April 2 2012

The Court of Appeal has recently considered the status of rental payments in relation to the competing claims of a first registered mortgagee as against a secured creditor with a registered interest under the Personal Property Securities Act 1999 in Marac Finance Limited & Kerryn Downey & Alan Isaac v Murray John Greer & Equitable Property Holdings Limited (CA) 2012 NZCA 45

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