Cashmere Pacific Ltd (In Receivership and in Liquidation) v New Zealand Dairy Board - [1996] 1 NZLR 218

Company law — Shares — Prohibition on provision of financial assistance by company for purchase of its shares — Whether able to be said that that prohibition was breached in the context of an application to strike out — Whether breach of the prohibition would debar the purchaser of the shares from maintaining a claim unrelated to the purpose of the prohibition — Companies Act 1955, s 62.

Tort — Breach of statutory duty — Crown proceedings — Duty of Registrar of Companies to keep register of charges for each company — Whether Registrar could be liable for failing to include a charge on the register — Whether s 6(2) of the Crown Proceedings Act 1950 prevented such a claim against the Registrar — Companies Act 1955, ss 7 and 105 — Crown Proceedings Act 1950, s 6(2).

Tort — Negligence — Crown proceedings — Whether Registrar of Companies owed a duty of care to those searching the register.