Trevor Ivory Ltd V Anderson
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Trevor Ivory Ltd V Anderson
''Trevor Ivory Ltd v Anderson'' is one of the leading New Zealand cases regarding the personal liability of company directors. The case concerns the personal liability of a director of a one-man company for negligent misstatement and applied the principle of ''Tesco Supermarkets Ltd v Nattrass ''that where a director is the "directing mind" of a company, his actions are legally those of the company. The application of the case by New Zealand courts during the leaky homes crisis has been described as a "barrier to litigants recovering from directors of these companies". Background Trevor Ivory Ltd was a one-man company run by Trevor Ivory in the Nelson province and described as "agricultural and horticultural supplies and advisory service". In 1983, Trevor Ivory Limited entered into an oral contract with raspberry orchardists for the provision of consultancy services and the supply of sprays and fertilisers. The orchardists sought advice under the agreement about the spread of ...
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Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ...
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Glyphosate
Glyphosate (IUPAC name: ''N''-(phosphonomethyl)glycine) is a broad-spectrum Herbicide, systemic herbicide and Crop desiccation, crop desiccant. It is an organophosphorus compound, specifically a phosphonate, which acts by inhibiting the plant enzyme 5-enolpyruvylshikimate-3-phosphate synthase. It is used to kill weeds, especially annual Forbs, broadleaf weeds and grasses that compete with crops. Its herbicidal effectiveness was discovered by Monsanto chemist John E. Franz in 1970. Monsanto brought it to market for agricultural use in 1974 under the trade name Roundup (herbicide), Roundup. Monsanto's last commercially relevant United States patent expired in 2000. Farmers quickly adopted glyphosate for agricultural weed control, especially after Monsanto introduced glyphosate-resistant Roundup Ready crops, enabling farmers to kill weeds without killing their crops. In 2007, glyphosate was the most used herbicide in the United States' agricultural sector and the second-most use ...
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1991 In Case Law
File:1991 Events Collage.png, From left, clockwise: Boris Yeltsin, elected as Russia's first president, waves the new flag of Russia after the 1991 Soviet coup d'état attempt, orchestrated by Soviet hardliners; Mount Pinatubo erupts in the Philippines, making it the second-largest volcanic eruption of the 20th century; MTS Oceanos sinks off the coast of South Africa, but the crew notoriously abandons the vessel before the passengers are rescued; Dissolution of the Soviet Union: The Soviet flag is lowered from the Kremlin for the last time and replaced with the flag of the Russian Federation; The United States and soon-to-be dissolved Soviet Union sign the START I Treaty; A tropical cyclone strikes Bangladesh, killing nearly 140,000 people; Lauda Air Flight 004 crashes after one of its thrust reversers activates during the flight; A United States-led coalition initiates Operation Desert Storm to remove Iraq and Saddam Hussein from Kuwait, 300x300px, thumb rect 0 0 200 200 1991 So ...
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1991 In New Zealand Law
File:1991 Events Collage.png, From left, clockwise: Boris Yeltsin, 1991 Russian presidential election, elected as Russia's first President of Russia, president, waves the new flag of Russia after the 1991 Soviet coup d'état attempt, orchestrated by Soviet Union, Soviet hardliners; Mount Pinatubo 1991 eruption of Mount Pinatubo, erupts in the Philippines, making it the List of large historical volcanic eruptions, second-largest Types of volcanic eruptions, volcanic eruption of the 20th century; MTS Oceanos sinks off the coast of South Africa, but the crew notoriously abandons the vessel before the passengers are rescued; Dissolution of the Soviet Union: The Flag of the Soviet Union, Soviet flag is lowered from the Kremlin for the last time and replaced with the flag of the Russian Federation; The United States and soon-to-be dissolved Soviet Union sign the START I Treaty; A tropical cyclone 1991 Bangladesh cyclone, strikes Bangladesh, killing nearly 140,000 people; Lauda Air Flight ...
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Court Of Appeal Of New Zealand Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given t ...
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Hedley Byrne & Co Ltd V Heller & Partners Ltd
''Hedley Byrne & Co Ltd v Heller & Partners Ltd'' 964AC 465 is an English tort law case on economic loss in English tort law resulting from a negligent misstatement. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only remedy for such losses being in contract law. The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, applying to commercial negligence the principle of "assumption of responsibility". Facts Hedley Byrne were a firm of advertising agents. A customer, Easipower Ltd, put in a large order. Hedley Byrne wanted to check their financial position, and creditworthiness, and so asked their bank, to get a report from Easipower’s bank, Heller & Partners Ltd., who replied in a letter that was headed, "without responsibility on the part of this bank" ...Easipower is, "considered good for its o ...
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Lee V Lee's Air Farming Ltd
''Lee v Lee's Air Farming Ltd'' company law">960UKPC 33is a company law case from New Zealand, also important for UK company law and Indian Companies Act 2013, concerning the corporate veil and separate legal personality. The Judicial Committee of the Privy Council reasserted that a company is a separate legal entity, so that a director could still be under a contract of employment with the company he solely owned. Facts Catherine Lee's husband Geoffrey Lee formed the company through Christchurch accountants, which worked in Canterbury, New Zealand. It spread fertilisers on farmland from the air, known as top dressing. Mr Lee held 2999 of 3000 shares, was the sole director and employed as the chief pilot. He was killed in a plane crash. Mrs Lee wished to claim damages of 2,430 pounds under the ''Workers' Compensation Act 1922'' for the death of her husband, and he needed to be a 'worker', or 'any person who has entered into or works under a contract of service... with an em ...
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Salomon V A Salomon & Co Ltd
is a landmark UK company law case. The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders for payment of outstanding debts. Facts Mr Aron Salomon made leather boots or shoes as a sole proprietor. His sons wanted to become business partners, so he turned the business into a limited liability company. This company purchased Salomon's business at an excessive price for its value. His wife and five elder children became subscribers and the two elder sons became directors. Mr Salomon took 20,001 of the company's 20,007 shares which was payment from A Salomon & Co Limited for his old business (each share was valued at £1). Transfer of the business took place on 1 June 1892. The company also issued to Mr Salomon £10,000 in debentures. On the security of his debentures, Mr Salomon received an advance of £5,000 ...
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Raspberries (Rubus Idaeus)
The raspberry is the edible fruit of a multitude of plant species in the genus ''Rubus'' of the rose family, most of which are in the subgenus '' Idaeobatus''. The name also applies to these plants themselves. Raspberries are perennial with woody stems. World production of raspberries in 2020 was 895,771 tonnes, led by Russia with 20% of the total. Description A raspberry is an aggregate fruit, developing from the numerous distinct carpels of a single flower. What distinguishes the raspberry from its blackberry relatives is whether or not the torus ( receptacle or stem) "picks with" (i.e., stays with) the fruit. When picking a blackberry fruit, the torus stays with the fruit. With a raspberry, the torus remains on the plant, leaving a hollow core in the raspberry fruit. Raspberries are grown for the fresh fruit market and for commercial processing into individually quick frozen (IQF) fruit, purée, juice, or as dried fruit used in a variety of grocery products such as raspb ...
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Raspberry
The raspberry is the edible fruit of a multitude of plant species in the genus ''Rubus'' of the rose family, most of which are in the subgenus '' Idaeobatus''. The name also applies to these plants themselves. Raspberries are perennial with woody stems. World production of raspberries in 2020 was 895,771 tonnes, led by Russia with 20% of the total. Description A raspberry is an aggregate fruit, developing from the numerous distinct carpels of a single flower. What distinguishes the raspberry from its blackberry relatives is whether or not the torus ( receptacle or stem) "picks with" (i.e., stays with) the fruit. When picking a blackberry fruit, the torus stays with the fruit. With a raspberry, the torus remains on the plant, leaving a hollow core in the raspberry fruit. Raspberries are grown for the fresh fruit market and for commercial processing into individually quick frozen (IQF) fruit, purée, juice, or as dried fruit used in a variety of grocery products such as raspb ...
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Robin Cooke, Baron Cooke Of Thorndon
Robin Brunskill Cooke, Baron Cooke of Thorndon (9 May 1926 – 30 August 2006) was a New Zealand judge and later a British Law Lord and member of the Judicial Committee of the Privy Council. He is widely considered one of New Zealand's most influential jurists, and is the only New Zealand judge to have sat in the House of Lords. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 1997 to 2006. Early life and education The son of the Supreme Court judge, Justice Philip Brunskill Cooke and his wife, Valmai, Lord Cooke was born in Wellington and attended Wanganui Collegiate School. He graduated with an LL.M. from Victoria University College, and subsequently studied at Clare College, Cambridge as a Research Fellow. While on a travelling scholarship, Lord Cooke was awarded an MA in 1954 from Gonville and Caius College, Cambridge and subsequently a PhD in 1955. In 1952, he married Annette Miller, with whom he had three sons. One of their sons, Franc ...
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Nelson, New Zealand
(Let him, who has earned it, bear the palm) , image_map = Nelson CC.PNG , mapsize = 200px , map_caption = , coordinates = , coor_pinpoint = , coordinates_footnotes = , subdivision_type = Country , subdivision_name = New Zealand , subdivision_type1 = Unitary authority , subdivision_name1 = Nelson City , subdivision_type2 = , subdivision_name2 = , established_title1 = Settled by Europeans , established_date1 = 1841 , founder = Arthur Wakefield , named_for = Horatio Nelson , parts_type = Suburbs , p1 = Nelson Central , p2 = Annesbrook , p3 = Atawhai , p4 = Beachville , p5 = Bishopdale , p6 = Britannia Heights , p7 = Enner Gly ...
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