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Ririnui v Landcorp Farming Ltd [2016] NZSC 62

A recent Supreme Court decision widens the scope of judicial review where the relevant decision was affected by a material error, but has left its boundaries uncertain. Ririnui v Landcorp Farming Ltd [2016] NZSC 62 arose from a dispute between Landcorp, a state-owned enterprise (SOE) and the iwi group Ngāti Whakahemo, after Landcorp entered an [...]

October 13th, 2016|Categories: Legal Developments|Tags: |

Howe & Ors v Westpac New Zealand Limited [2016] NZHC 2050

In Howe & Ors v Westpac New Zealand Limited [2016] NZHC 2050, the Howes defaulted on a “consumer credit contract” in terms of the Credit Contracts and Consumer Finance Act 2003 (CCCFA). Westpac and the Howes then entered into a deed governing repayment of the debt. When the Howes defaulted on the deed, Westpac applied [...]

October 13th, 2016|Categories: Legal Developments|Tags: |

Madsen-Ries v Petera [2016] NZCA 103

The Court of Appeal in Madsen-Ries v Petera [2016] NZCA 103 held that creditors do not need to be considered when deciding whether a director/s’ remuneration was fair, at a time when the company was in financial peril. Section 161 of the Companies Act 1993 (Act) sets out the procedure for the authorisation of directors’ [...]

October 13th, 2016|Categories: Legal Developments|Tags: , |