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.

SELL NER CHESE OR NEW ZEALAND UNDER the Companies Act 1993 1the Act) IN THE MATTER: of TELE MALCOLM CARR There 2016 7 July 2016 MIDGMENT OF SIMON FRANCE . In 2085 the onential requirements for a corepany were amended in add a sidesce mppreston, netsely that the company meets got The purpose of the areadent other of the company live in New Zealand. The purpose butend the charge is set could be appetused 4) For the Explainity Nite: then the Select Committee Report out there i am ide wifichic intrigued with a wetstaffing crescoson with the path shout our fund of a yeg is New Eralind land who does not come within the creative presided by's ToldKID, can too said to be aving in New Zealand be the 6] The Registrar hin fled & Report pursuant for 20.15 of the High Court Rules by way of background the Com is atried the at an 31 January 3016 there went 4 corepasion the did sed coreply with the aga regiramen It days a year. If a cinactor speeds at least that amount of time to New ze will be accepted be of she to Invites is New Zealand for the purposes of Falling nat. opporarity is given for a direct to establish by the lives in New Zealand Scarringly so pridelines he provided this acted of where he has physically been in the recent years bene His pottery care phopkins is a New Zedend portal practitioner. 1/1 The use of "lives" in s 10 walter than the since cartoons tonks a set of 21 The concept of resides him been defined as" This is plainly a useful stating pots loss, be cuttele, the strategy cynical trade il plain relevant, it is plain than the capacity to elect ettigu ars Mir Cars has to New Zealand and the sepolarity with which he speech have regard to the fact tuis the parses is only one day than of type of arrangerest this can satisfy the Best withwas living hese for 183 digs. No property be said to live in New Zeviand. wessely be spock sheet a thing of the year here The is a significant He craze land here, In New Zealand bank accounts and generally posits an say would not be if the default period of 183 days poseke is enoughi din there b All he live elsewhere, the be also austinues to live in New Zealand There H The is New Zealand for the gorgames of's peggy of two Act The passes mugged prior to the hearts the ants would he where they bal