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Publications

Farm failure and family fallout leads to Supreme Court ruling on prejudiced shareholders provision

By Amanda Hockley - October 2018

Baker v Hodder [2018] NZSC 78 deals with important company law issues, and at the highest level. In a sadly familiar set of facts, this case concerned a farming business run on land owned by a family company which was unsuccessful and ultimately became insolvent, forcing the sale of the farm. It is worth noting as it is the first decision by the Supreme Court on the ‘prejudiced shareholders provision’, contained in section 174 of the Companies Act.

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Authority figures: Company contracting and Bishop v Autumn Tree

By Jessica Middleton - October 2018

In most circumstances, parties entering into a contract with a company will be entitled to assume that the company has complied with all its internal procedures to authorise entry into the contract. Section 18 of the Companies Act 1993 was enacted for this very purpose. However, the recent Court of Appeal case of Bishop Warden Property Holdings Limited v Autumn Tree Limited illustrates that this is not always the case, and this assumption is subject to a few notable exceptions.

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Health and safety fines - Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020

By Carl Brandt - October 2018

Since the passing of the Health and Safety at Work Act 2015 (“HSWA”), there has been some confusion as to how the court should approach health and safety sentencing. Carl discusses a recent case that clarifies the regime around health and safety fines.

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Encumbrances, indefeasibility, and beyond

By Thomas Gibbons - October 2018

Thomas' LawTalk article.

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Tax treatment of lease surrender payments to landlords

By Luke Paerata - September 2018

In Easy Park Limited v Commissioner of Inland Revenue [2018] NZCA 296, the Court of Appeal has affirmed that a lease surrender payment to a professional landlord is a revenue receipt under the Income Tax Act 2007.

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