In the journals

What’s yours is mine: attachment of security interests to third party assets
This article considers the case of Graham v Portacom New Zealand Limited, summarised in the Winter 2004 issue of Commercial Quarterly.

Misleading or deceptive statements in offer documents
The Federal Court of Australia found that a document can be misleading or deceptive even though each statement in it is literally true.

Insolvency law
A recent discussion paper on insolvency law reform proposed the licensing of insolvency practitioners. In support of the proposed licensing regime, the author of this article discusses certain issues that he considers cause problems with the current system.

Care to be taken with clauses added to standard contracts
In a recent case, the court considered the effect of a clause added to a standard Video Ezy franchise agreement. The court concluded that the additional clause created inconsistencies with other standard terms and as a result, the court refused to grant the injunction sought due to the uncertain interpretation of the contract.

Factoring – still chasing commercial respectability
As part of a special report on trade finance and factoring, this article explains factoring and invoice discounting and distinguishes the different ways in which they work and are described.

Early adopters for global financial reporting standards
One of the first articles of what commentators expect to become a deluge as the adoption date for International Financial Reporting Standards draws near, this article reports Telecom’s intention to adopt the standards, starting with its 2005-2006 financial year, noting that it will stop amortising goodwill, leading to a prima facie increase in its reported earnings.

Enquiries and information

For more information on any of the cases, articles and features in Commercial Quarterly, please email Rachel Gowing or call on 64 9 916 8825.