Court decisions

Our thoughts are with our members and their organisations impacted by Cyclone Gabrielle. Boards have a key role to play in the wake of any crisis. See guidance for chairs and directors.

Our thoughts are with our members and their organisations impacted by Cyclone Gabrielle. Boards have a key role to play in the wake of any crisis. See guidance for chairs and directors.

Directors duties: When should directors take creditor interests into account?

date: 27 Oct 2022
read time: 3 min to read

Directors duties: When should directors take creditor interests into account?

Do directors need to consider the interests of creditors, in addition to shareholders, into account?

Court decisions
Director duties
Solvency

Risky business

date: 05 Oct 2022
read time: 4 min to read

Risky business

Can you be found to be a de facto director if you’ve resigned from office?

Court decisions
Director duties

A storm brewing on climate change litigation

date: 07 Apr 2022
read time: 3 min to read

A storm brewing on climate change litigation

What the Smith v Fonterra appeal could signal for future climate litigation.

Climate change
Court decisions
Director duties

Potential double liability for directors of insolvent companies

date: 25 Jan 2022
read time: 4 min to read

Potential double liability for directors of insolvent companies

A director of an insolvent company may potentially have concurrent liability under the Companies Act 1993 and the Fair Trading Act 1986.

Court decisions
Director duties
Solvency

Update to bonus (incentive) payments and clarity on the treatment of regular pay

date: 08 Dec 2021
read time: 2 min to read

Update to bonus (incentive) payments and clarity on the treatment of regular pay

Updates affecting the application of the Holidays Act 2003 and the delivery of holiday pay from employers to employees.

Court decisions
Liability

Company director fined under HSWA 2015

date: 22 Oct 2021
read time: 1 min to read

Company director fined under HSWA 2015

A reminder for directors to comply with health and safety obligations under the Act.

Court decisions
Director duties
Health and safety

Court of Appeal confirms liability of Mainzeal directors

date: 01 Apr 2021
read time: 4 min to read

Court of Appeal confirms liability of Mainzeal directors

The Court of Appeal has delivered its eagerly anticipated judgment in proceedings brought by the liquidators of Mainzeal.

Court decisions
Director duties

Debut Homes in the Supreme Court — a product of the vicarage?

date: 09 Feb 2021
read time: 16 min to read

Debut Homes in the Supreme Court — a product of the vicarage?

Peter Watts QC provides his perspective on the Supreme Court's ruling on directors’ duties in the Debut Homes case, September 2020.

Court decisions
Director duties
Solvency