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Supreme Court overturns Steigrad decision on directors' defence costs

  • Bell Gully
  • -
  • New Zealand, United Kingdom
  • -
  • February 17 2014

The Supreme Court released its decision at the end of last year in the Steigrad litigation, ruling that third party claimants do have a statutory

Creditors can successfully challenge an unfair deed of company arrangement

  • CBP Lawyers
  • -
  • Australia, New Zealand
  • -
  • February 14 2014

The NSW Supreme Court has recently set aside a deed of company arrangement (DOCA) on the basis that it was prejudicial to creditors who voted against

Director's insurance - Supreme Court decides against company directors

  • Simpson Grierson
  • -
  • New Zealand, United Kingdom
  • -
  • January 21 2014

Directors routinely ensure that they have D&O insurance to protect them and pay for their defence costs if they are personally sued. However, the

Supreme Court overturns Steigrad decision on directors' defence costs

  • Bell Gully
  • -
  • New Zealand, United Kingdom
  • -
  • December 23 2013

Christmas came early for investors in failed finance company Bridgecorp, in the form of a Supreme Court ruling that Bridgecorp's claim to insurance

Shareholder silence may constitute fully informed consent

  • Buddle Findlay
  • -
  • New Zealand, United Kingdom
  • -
  • December 13 2013

In Sharma v Sharma 2013 EWCA Civ 1287, the English Court of Appeal considered the defence of fully informed consent in the context of a claim

Liquidators obtain summary judgment for breach of director's duty

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • December 13 2013

In Fisk v Fawcet 2013 NZHC 2811 the liquidators of Luxta Limited sought summary judgment against Luxta's director, Mr Fawcet, for breach of his

English High Court imposes greater accountability upon shadow directors

  • Buddle Findlay
  • -
  • New Zealand, United Kingdom
  • -
  • December 13 2013

The definition of director outlined in section 126(1) of the Companies Act 1993 (NZ) encompasses shadow directors - people with 'whose directions

Estoppel by deed: a party may rely on a statement it knows to be untrue

  • Buddle Findlay
  • -
  • New Zealand, United Kingdom
  • -
  • December 9 2013

The Privy Council has held that a party may rely on a statement in an agreement to defend a claim based on the agreement, even when both parties

Creditors' defence to "clawbacks" will be considered by the Supreme Court

  • Bell Gully
  • -
  • New Zealand
  • -
  • November 12 2013

The Supreme Court has granted leave for applicants to appeal three recent decisions concerning the new wording of section 296(3) of the Companies

Settlement of what is an account receivable?

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • October 9 2013

In Strategic Finance Limited (in receivership & in liquidation) and Strategic Nominees Limited (in receivership) v Bridgman and Sanson CA 5532011