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''Trevor Ivory Ltd v Anderson'' is one of the leading New Zealand cases regarding the personal liability of company directors. The case concerns the personal liability of a director of a one-man company for negligent misstatement and applied the principle of ''Tesco Supermarkets Ltd v Nattrass ''that where a director is the "directing mind" of a company, his actions are legally those of the company. The application of the case by New Zealand courts during the leaky homes crisis has been described as a "barrier to litigants recovering from directors of these companies". ==Background== Trevor Ivory Ltd was a one-man company run by Trevor Ivory in the Nelson province and described as "agricultural and horticultural supplies and advisory service". In 1983, Trevor Ivory Limited entered into an oral contract with raspberry orchardists for the provision of consultancy services and the supply of sprays and fertilisers. The orchardists sought advice under the agreement about the spread of couch grass which was threatening their raspberry plantation and in March 1985 Mr Ivory recommended a trial spray of Roundup. The trial spray had no immediate ill-effects and so Mr Ivory advised spraying all of the couch grass with Roundup. President Cooke described what happened thus, The raspberry orchardists sued Trevor Ivory in negligence and Heron J in the Nelson High Court found in their favour and awarded damages of $145,332 plus interest. The award of damages was made on the basis that the company was liable for breach of contract and negligent misstatement and that Mr Ivory was also personally liable for negligent misstatement.〔''Trevor Ivory Ltd v Anderson'' () 2 NZLR 517 at 519.〕 Mr Ivory and Trevor Ivory Ltd appealed the decision that he was personally for negligent misstatement; the judges alleged failure to consider contributory negligence; and the quantum of damages. The Court of Appeal dismissed the appeal except on the question of personal liability.〔''Trevor Ivory Ltd v Anderson'' () 2 NZLR 517 at 517.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Trevor Ivory Ltd v Anderson」の詳細全文を読む スポンサード リンク
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