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Results: 1-10 of 114

Court of Appeal takes different position on the "good faith" defence to voidable transactions

  • Bell Gully
  • -
  • New Zealand
  • -
  • May 21 2013

A recent decision of the Court of Appeal (Farrell v Fences & Kerbs Limited 2013 NZCA 91) will make it very difficult for creditors to successfully

A vendor may be liable for a misrepresentation made to a third party associated with a purchaser

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • May 1 2013

In Rondova v When Routine Bites Hard Limited 2013 NZHC 267, Justice Woodhouse examined when a misrepresentation will be brought to the knowledge of

Voidable defence is further limited

  • Bell Gully
  • -
  • New Zealand
  • -
  • April 11 2013

Section 296(3) of the Companies Act 1993 (the Act) provides a defence to creditors who have received a payment found to be a voidable transaction

Case study: limiting ICT B2B liabilities under new NZ law

  • Wigley + Company
  • -
  • New Zealand
  • -
  • April 11 2013

A claim against a multi-national ICT supplier by an English City Council is a great example of how the new Fair Trading Act legislation could affect

Court of Appeal rules in favour of liquidators on good faith defence to voidable transaction claims

  • Buddle Findlay
  • -
  • New Zealand
  • -
  • April 3 2013

In our last newsletter we reported on three decisions from the High Court on the good faith defence under section 296(3) of the Companies Act 1993 to

Shadow directors, de facto directors and duties not to trade recklessly

  • Bell Gully
  • -
  • New Zealand
  • -
  • March 27 2013

A recent decision of the High Court, Delegat v Norman 2012 NZHC 2358 provides a useful illustration of the application of the following Companies

Bank class action: “expert” media comments astray, and implications for service contracts

  • Wigley + Company
  • -
  • Australia, New Zealand
  • -
  • March 13 2013

It’s been fascinating watching “experts” comment in the media this week about the proposed class action against banks, sometimes saying a claim

Victory for F&P Finance in computer software copyright and trade secrets case

  • AJ Park
  • -
  • New Zealand
  • -
  • February 26 2013

Fisher & Paykel Finance Ltd was successful in its defence to claims of copying and misuse of confidential information arising from a system

The Court of Appeal on D&O policies: the "Steigrad decision"

  • Chapman Tripp
  • -
  • New Zealand
  • -
  • February 14 2013

In the hectic run up to Christmas last year, we sent you a brief advisory note on the reversal by the Court of Appeal of the High Court's

Directors' duties highlighted in Pike River report and James Hardie directors' appeals

  • Russell McVeagh
  • -
  • New Zealand
  • -
  • January 24 2013

In late 2012, the Australian Court of Appeal considered the suspensions which had been handed down to five directors of James Hardie Industries Ltd