New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Void allotments s 37(4)
  • 1 Aug 2012

    INVESCO AUSTRALIA LIMITED V TAYLOR HC CHCH CIV-2012-409-000855

    Citation
    openlaw-7280df76_6ae4_494d_9807_86d3b3ec0326.pdf
    Court
    High Court

    The Court granted relief under s 37AI because the contraventions were solely due to late compliance with the ARMIS Exemption Notice, occurred prior to 15 April 2004, and did not materially prejudice Mr Taylor since the void units were automatic distribution reinvestments, the relevant documents were available on request, and Mr Taylor had acknowledged the investment statement and trust deed; once the statutory prerequisites were satisfied relief was mandatory.

    • Prospectus requirements
    • Armis exemption compliance
    • Void allotments s 37(4)
    • Material prejudice test
    • Relief under s 37ai