Company Law

Banning directors from corporate management roles
With New Zealand now well and truly in a recession we are seeing more and more company failures. Where a company fails as a result of mismanagement by directors, the public will want to know what will stop that director simply starting another company and "doing it all again". In this article, senior associate Louise Hill discusses how and when directors may be banned from being a director as a result of a company failure or other actions (or, most commonly, inactions) of the director.

Supreme Court has last word on the effect of a Part 15 amalgamation on third party contracts
In the final chapter of Elders New Zealand Ltd v PGG Wrightson Ltd, the Supreme Court has upheld the Court of Appeal and High Court interpretation of court ordered amalgamations under Part 15 of the Companies Act 1993. In this case note Bell Gully partner Jayne Kirton and solicitor Neetha Alex outline the court's decision and discuss its implications.

CAMAC Report released on Sons of Gwalia decision
In this update to his article "Shareholder claims against insolvent companies: does Sons of Gwalia have implications for New Zealand?" in the Spring 2007 issue of Commercial Quarterly, senior associate Tim Clarke reviews the Australian Corporations and Markets Advisory Committee's recent report which recommends that the Australian Government should leave the Sons of Gwalia decision to stand.

Enquiries and information

For more information on any of the cases, articles and features in Commercial Quarterly, please email Diane Graham or call her on 64 9 916 8849.