New Zealand Law Review

Previous Issues arrow 2000 PART II

2000 PART II

2000 PART II





A Fair Inference of Reliance: Boyd Knight v Purdue

Francis Dawson
This article discusses the Court of Appeal 's recent decision in Boyd Knight v Purdue [1999] 2 NZLR 278. It begins by examining the foundation of liability for misleading statements in prospectuses and considers how historically the courts dealt with the question of the plaintiff 's need to show reliance on the relevant misstatement. It notes that a different test was adopted by the Court in Boyd Knight and considers the justification for this approach. The article concludes by considering the investment statement regime and notes that on orthodox principles the practical effect of the regime is likely to be that there will be a reduction in the number of persons who will be in a position to maintain an action as a result of material misstatements contained in a registered prospectus.

The Company's Alter Ego a Parvenu and Impostor in Private Law

Peter Watts
In what circumstances might a director become liable to a third party for acts committed on behalf of a company? In this article Peter Watts examines this and similar issues by reference to several recent cases, beginning with Trevor Ivory Ltd v Anderson. He argues that the courts have largely dealt with these issues in a confused way, and that the confusion has arisen from the courts' invocation of the company's "alter ego". He concludes that the issues are best resolved by a clear focus on the basic rules of civil liability.

 

Reviews
Civil Procedure

John Turner

Commercial Law Duncan Webb
Media Law John Burrows
Public International Law Treasa Dunworth





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2000 PART I
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