25 Sept 2015
VIVIER AND COMPANY LTD v FINANCIAL MARKETS AUTHORITY [2015] NZHC 2337
- Citation
- [2015] NZHC 2337
- Court
- High Court
The FMA erred in law by making factual findings under s18A without satisfactory evidence and by breaching natural justice by failing to disclose the complaint/news article and by not providing adequate particulars and further information; consequently the direction to deregister Vivier was quashed and the matter remitted to the FMA for reconsideration with proper evidence and process.
- Deregistration of financial service provider
- Registration requirements
- Fma powers under s18a and s18b
- Natural justice and procedural fairness
- Standard of review for discretionary decisions
- Remedies and costs