New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dishonest assistance/accessory liability

Legal area

Court

25 Mar 2015

GILLES BAKERY LTD v GILLESPIE CA506/2013 [2015] NZCA 93

Citation

[2015] NZCA 93
Court

Court of Appeal

Appeal dismissed because the documentary and evidential record (directors' resolutions, directors' certificates and solicitors' certification and consents) established Gilles' directors made an informed independent decision and certified it, there was no tenable case Yarrows was a de facto director or owed fiduciary duties to preference shareholders, and there was no evidence of dishonest assistance by Messrs Finnigan or Pettigrew or of Westpac such as would render them accessories; Westpac was entitled to rely on the certificates and owed no duty to ensure independent advice to a commercial…
20 Dec 2013

SIMPSON v JENKS [2013] NZHC 3533

Citation

[2013] NZHC 3533
Court

High Court

The October 2009 letter, given by Hubbard in terms that bound ASL, created a representational constraint and equitable estoppel preventing ASL (and Hubbard acting in ASL's name) from treating the respondent's funds as transferred out of ASL without her informed consent; accordingly ASL must recognise the respondent as a depositor/creditor as at the statutory managers' appointment and account to her for the balance and net interest; alternatively, assets realised from Hubbard commitments are impressed with a trust so exclusion would be unconscionable and cause unjust enrichment.