High Court Wellington
2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 17, 18, 24 July 1990
Barker J
2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 17, 18, 24 July 1990
Barker J
Criminal law — Offences — Misstatement in company prospectus — Registered prospectus of public company stated that subsidiary was to subscribe for shares valued at $50 million but omitted to state that subsidiary did not hold cash of $50 million and had not made firm arrangements to obtain that cash — Directors were charged with signing an untrue prospectus — Whether the fact that subsidiary had means of obtaining the cash meant that omission from prospectus made statement in prospectus untrue — Whether omission from prospectus was material — Whether Crown had proved charges — Securities Act 1978, ss 55 and 58.
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