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Bank class action: “expert” media comments astray, and implications for service contracts
- Wigley + Company
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- Australia, New Zealand
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- 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
PPSA guidance from New Zealand Court of Appeal: identifying transactions outside the ordinary course of business
- Herbert Smith Freehills LLP
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- Australia, New Zealand
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- January 10 2013
In StockCo Limited v Stiassny & Ors 2012 NZCA 330, the New Zealand Court of Appeal provides some useful guidance for the Australia market in identifying
Bell Group appeal: issues for directors and creditors
- Bell Gully
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- Australia, New Zealand
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- November 5 2012
In the latest episode in one of Australia's most complex and lengthy commercial disputes, the Western Australia Court of Appeal recently dismissed an appeal by a syndicate of banks (the Banks) from a decision in favour of the liquidators of the Bell Group (the Group
Costs - contractual right to full indemnity upheld
- Buddle Findlay
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- New Zealand
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- October 18 2012
In Black v ASB Bank 2012 NZCA 384, the Court of Appeal has upheld the decision to award indemnity costs of over $90,000 against the appellant
Duties of banker to its customer to not extend to collateral interests
- Buddle Findlay
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- New Zealand
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- July 12 2012
The case of JoJaro Investments Limited v ASB Bank Limited involved a senior employee of an insurance company who stole nearly $4 million that the company had set aside to maintain its credit rating
Further Court of Appeal guidance on conditionality in contracts
- Buddle Findlay
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- New Zealand
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- April 2 2012
In another recent Court of Appeal case, Purewal BS & JK Limited v Connell Street Limited 2012 NZCA 42, the Court provided important guidance on conditionality in contracts
Application of trustee limitation of liability clause
- Buddle Findlay
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- New Zealand
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- October 18 2011
The High Court in Auckland refused Westpac summary judgment against an individual on the guarantee of a loan as a trustee
Financial advisers' duty of care
- Buddle Findlay
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- New Zealand
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- August 30 2011
recent decision of the High Court has shed further light on the standard of care expected of financial advisers under the Financial Advisers Act 2008
