Question
Question 1 Read the case of Re John Malcolm Carr[2016] NZHC 1536 (which is posted on CANVAS) and then answer the following questions: Note: In
Question 1
Read the case of Re John Malcolm Carr[2016] NZHC 1536 (which is posted on CANVAS) and then answer the following questions:
Note: In this case there is no Plaintiff or Defendant as in a regular civil case. Instead, this is an appeal against a decision of the Registrar of Companies.
1.Who was the appellant in this case?
2.What are the requirements of the new s 10(d) of the Companies Act 1993, which was introduced in 2015? (See para 1)
3.What did the Registrar of Companies rule in relation to the Mr Carr and why? (see para 2)
4.What key question did the court have to answer?
5.On what basis did the Registrar of Companies make their decision? (see paras 6 and 7)
6.In 2015 how many days had the Mr Carr live in New Zealand?
7.What did the court say about the definition of the word "resides"? (see paras 11, 12 and 13)
8.What approach did the court take to interpreting the word "lives" in s 10(d)? (see para 15)
9.Where was the purpose of the new s 10(d) found? (see paras 3 and 4)
10.What was the purpose of the new s 10(d)? (see para 15)
11.What was the most significant factor for the Court in deciding whether Mr Carr "lives" in New Zealand? (see para 15)
12.What other factor did the court consider? (see para 16)
13.What criteria did the court decide would be relevant in determining whether someone "lives" in New Zealand for the purposes of s 10(d)? (see para 19)
14.What were the main reasons the court decided that Mr Carr "lives" in New Zealand? (see paras 20, 21 and 22)
15.What was the decision of the Court?
16.What is the ratioof this case?
Note: The ratiois the legal rule or principle on which the court based its decision.
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