Lessons from Mainzeal

The Directors’ Duties Case of a Generation

 Most of us have some knowledge of the long-running Mainzeal litigation. The Supreme Court has now delivered its much-anticipated judgment, with the Court’s media release describing the case as addressing issues ‘of fundamental importance to the business community’. Looking at the scope and application of specific directors’ duties, the decision considers the extent to which ss 135, 136 and 301 of the Companies Act 1993 provide for the protection of creditors’ interest and how compensation for breach of these duties should be assessed. 

In this webinar, the presenters (members of the team acting for the liquidators) will explain and analyse the Supreme Court’s decision, and delve into the practical implication of this judgment for directors in the future.

A copy of the Supreme Court decision in Yan v Mainzeal Property and Construction Ltd (in liquidation) [2023] NZSC 113 can be accessed here

Who Should Attend?

Company and commercial lawyers as well as civil litigators.

Understand the legal developments of introduced by the Supreme Court decision in Mainzeal Property and Construction Ltd (in liquidation).

  • Get to grips with the material facts and the case history.
  • Benefit from an analysis of the principles applied by the Court 
  • Appreciate the differences in loss quantification under s 135 and s 136. 
  • Become apprised of the practical implications for advising clients in relation to directors’ duties.


Presenters

Mihai Pascariu
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Mihai is a commercial lawyer with over 16 years’ experience in legal practice.  His work largely involves commercial contracts and regulatory disputes and advice with a particular focus on corporate governance, consumer law, privacy, cross-border litigation and insolvency law.  Mihai’s attention for detail and passion for his craft has led him to be involved in some of New Zealand’s most complex corporate governance matters.

Mihai was previously a Director at New Zealand firm, Anderson Creagh Lai, which joined Hamilton Locke in January 2023, with the establishment of Hamilton Locke New Zealand.


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Zane Kennedy
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Zane is an experienced trial and appellate advocate who has appeared as senior counsel in all civil courts in New Zealand.  He is focussed on delivering strategic and commercial outcomes to his clients.

Zane’s areas of practice include insurance, contract and commercial and intellectual property disputes.  He is experienced in running large-scale litigation matters and has been involved in a number of New Zealand’s largest cases.

Zane has been recognised as a Band 1 ranked litigator by Chambers Global and Chambers Asia Pacific and as a leading individual in dispute resolution by Asia Pacific Legal 500.

Zane joined the Bar in 2019 after more than 15 years as a litigation partner of national law firm, Minter Ellison Rudd Watts.


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Details

Pricing Details

Ticket Price

Member - $140.00 GST

Non-Member - $195.00 GST

Registration

Registration Close Date

05/10/2023
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