Bell Gully | New Zealand | 22 Sep 2014
When can you transfer contractual rights and obligations to someone else? The Supreme Court has changed the rules in Savvy Vineyards v Karaka Estate…
Bell Gully | New Zealand, United Kingdom | 23 Dec 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…
Bell Gully | New Zealand | 24 Jul 2013
Many insurers will be aware that the Consumer Law Reform Bill introduces a new regime for unfair contract terms. The Bill allows the Commerce…
Bell Gully | United Kingdom | 20 Dec 2012
The Court of Appeal released its decision today in the Steigrad litigation, ruling that third party claimants do not have a charge under the Law Reform Act 1936 that gives them priority over insurance money ahead of a director's claim to defence costs under a D&O policy with a single indemnity.
Bell Gully | Australia, New Zealand | 20 Aug 2012
In a decision that sparked widespread concern in Australia, the High Court of Australia has ruled that James Hardie's general counsel and company secretary owed the company a duty of care under the Australian Corporations Act: Shafron v ASIC [2012] HCA 18 (the James Hardie decision).
Bell Gully | New Zealand | 7 May 2012
The spectacular collapse of dozens of finance companies continues to play out in the courtroom, this time in the form of criminal prosecutions of directors for allegedly defective disclosures in prospectuses, investment statements and advertisements (offer documents).
Bell Gully | New Zealand | 17 Apr 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).
Bell Gully | New Zealand | 8 Mar 2012
The High Court has again found that the directors of a failed finance company are guilty of breaches of the Securities Act.
Bell Gully | New Zealand | 21 Sep 2011
A directors and officers (D&O) liability insurance policy typically serves two purposes.
Bell Gully | Australia | 17 Aug 2011
To what extent are directors responsible for errors in a company's financial statements?