Christensen v Scott
Jurisdiction | New Zealand |
Judgment Date | 1996 |
Date | 1996 |
Court | Court of Appeal |
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51 cases
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Townsing Henry George v Jenton Overseas Investment Pte Ltd (in liquidation)
...here is whether this court should adopt the principle of reflective loss as established by the English cases. In Christensen v Scott [1996] 1 NZLR 273 (“Christensen”), the New Zealand Court of Appeal declined to apply it. In that case, two shareholders sought damages for the diminution in t......
- Milfull v Terranora Lakes Countryclub Ltd
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Primeo Fund (in Official Liquidation) v Bank of Bermuda (Cayman) Ltd and HSBC Securities Services (Luxembourg) Sa
...Robinson Jarvis & Rolf, [2002] UKHL 18; [2002] 2 W.L.R. 1107; [2002] 2 All E.R. 641; [2002] PNLR 25, applied. (18)Christensen v. Scott, [1996] 1 NZLR 273, considered. (19)Compania Naviera Maropan S/A v. Bowaters Lloyd Pulp & Paper Mills Ltd., [1955] 2 Q.B. 68; [1955] 2 W.L.R. 998; [1955] 2 ......
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Primeo Fund v Bank of Bermuda (Cayman) Ltd
...illustration of this is the treatment by the House of Lords of the approach of the New Zealand Court of Appeal in Christensen v Scott [1996] 1 NZLR 273. That court had held that the principle does not apply to cases where D's breach of duty is one owed to P even where his loss flows from lo......
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5 books & journal articles
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No reflective loss: The English approach reconsidered
...1997 RPC 443; George Fischer (Great Britain) Ltd v Multi Construction Ltd Dexion Ltd (third party) 1995 1 BCLC 260; Christensen v Scott 1996 1 NZLR 273 at 280 (NZCA); See also Davies op cit note 17 at 618.78 Pennington op cit note 58 at 794; James Thorne (ed) Butterworth’s Company Law Guide......
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THE SHAREHOLDER'S PERSONAL CLAIM
...JonesELR(1867) LR 2 Exch 139. See also M J Sterling, “The Theory and Policy of Shareholder Actions in Tort”(1987) 50 MLR 468 at 472. 25[1996] 1 NZLR 273. 26Christensen v Scott[1996] 1 NZLR 273 at 280. 27Johnson v Gore Wood & CoELR[2002] 2 AC 1 at 66. 28 Lord Hutton thought that it was a “mo......
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(Non‐)Enforcement of Directors’ Duties in Corporate Groups: Goh Chan Peng v Beyonics Technology Ltd
...cited Giles vRhind [2002] EWCA Civ 1428; [2003] Ch 618; Gardner vParker[2004] EWCA Civ 781; [2004] 2 BCLC 554.77 Christensen vScott [1996] 1 NZLR 273 (NZCA).78 The other members of the panel were Andrew Phang JA and Choo Han Teck J.79 Tow n s i n g n 73 above at [89].80 ibid at [85]-[86].C......
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Analyses: Companies, Shareholders and 'Reflective Losses'
...case where the Court took an approach that apparently differs from that of the English courts (at 65-6): ‘In Christensen v Scott [1996] 1 NZLR 273 the company carried on the business of potato-farming on tenanted land. The landlord defaulted on a mortgage of the land and the mortgagee enter......
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