title: Solvency, company directors’ duties and the problem of process and enforcement - A comparative study

authors: Mansor, Hariati

subjects: separate legal entity

abstract: This study examines the legal provisions in relation to creditors’ protection, particularly when the company is insolvent and seeks to compare different statutory approaches with the view of determining the best reforms for Malaysia. Three jurisdictions have been chosen; the United Kingdom, New Zealand and Australia as the basis of comparison due to similar legal history as these countries have often been referred by the Malaysian Courts to assist in the interpretation of the law. To determine the question of creditors’ protection, the thesis will address several main issues. Firstly, the thesis examines the relationship between separate legal entity and limited liability. To do so it questions the circumstances when directors will be personally liable for the debt of the company and the extent to which they are liable. The issue will be explored in the light of the shareholder primacy theory which forms the basis of company law. Directors’ duties therefore are developed with the view of protecting shareholders; and the failure to do so will cause directors to be personally liable. The thesis also considers the arguments for stakeholders’ theory which mandates directors to take account of other stakeholders’ interests in addition to shareholders’ when making decisions. Secondly, it also investigates on how the piercing of the corporate veil and imposing liability on directors will provide protection to creditors especially when the company is insolvent. In order to do so, it scrutinizes the legislative initiatives on the issue as well as the judicial response to the statute. The thesis traces the reforms of the historical doctrine of capital maintenance and the use of solvency test as a replacement to protect creditors. It also provides comprehensive analyses of the law on the issue of remedies in order to ascertain whether the current legal provisions are adequately to protect creditors.

text: Solvency, company directors’ duties and the problem of process and enforcement - A comparative study This study examines the legal provisions in relation to creditors’ protection, particularly when the company is insolvent and seeks to compare different statutory approaches with the view of determining the best reforms for Malaysia. Three jurisdictions have been chosen; the United Kingdom, New Zealand and Australia as the basis of comparison due to similar legal history as these countries have often been referred by the Malaysian Courts to assist in the interpretation of the law. To determine the question of creditors’ protection, the thesis will address several main issues. Firstly, the thesis examines the relationship between separate legal entity and limited liability. To do so it questions the circumstances when directors will be personally liable for the debt of the company and the extent to which they are liable. The issue will be explored in the light of the shareholder primacy theory which forms the basis of company law. Directors’ duties therefore are developed with the view of protecting shareholders; and the failure to do so will cause directors to be personally liable. The thesis also considers the arguments for stakeholders’ theory which mandates directors to take account of other stakeholders’ interests in addition to shareholders’ when making decisions. Secondly, it also investigates on how the piercing of the corporate veil and imposing liability on directors will provide protection to creditors especially when the company is insolvent. In order to do so, it scrutinizes the legislative initiatives on the issue as well as the judicial response to the statute. The thesis traces the reforms of the historical doctrine of capital maintenance and the use of solvency test as a replacement to protect creditors. It also provides comprehensive analyses of the law on the issue of remedies in order to ascertain whether the current legal provisions are adequately to protect creditors.

year: 2011

title: Biological flora of New Zealand 12: Griselinia lucida, puka, akapuka, akakōpuka, shining broadleaf

authors: Bryan, Catherine Louise

subjects: biological flora

abstract: Information on the biology and ecology of Griselinia lucida (Forst. f.) (Griseliniaceae) available through published and unpublished sources is assembled and reviewed. G. lucida is a large shrub hemiepiphyte that grows primarily in trees of wet, lowland forests and also in open coastal and rocky outcrop habitats. Large, bright green, glossy leaves and grooved terrestrial roots that descend from the canopy make this species a very conspicuous member of New Zealand's endemic flora. G. lucida requires warm climates and high atmospheric moisture and is found throughout the North Island and in a limited area of the South Island. G. lucida is one of two native members of the Griselinia genus which includes five South American species. G. lucida is frequently associated with diverse and abundant epiphyte communities. The conservation and restoration of both epiphytic and terrestrial populations is important to ensure functionally diverse ecosystems and accordingly, it is recommended that this species be included in future forest ecological restoration.

text: Biological flora of New Zealand 12: Griselinia lucida, puka, akapuka, akakōpuka, shining broadleaf Information on the biology and ecology of Griselinia lucida (Forst. f.) (Griseliniaceae) available through published and unpublished sources is assembled and reviewed. G. lucida is a large shrub hemiepiphyte that grows primarily in trees of wet, lowland forests and also in open coastal and rocky outcrop habitats. Large, bright green, glossy leaves and grooved terrestrial roots that descend from the canopy make this species a very conspicuous member of New Zealand's endemic flora. G. lucida requires warm climates and high atmospheric moisture and is found throughout the North Island and in a limited area of the South Island. G. lucida is one of two native members of the Griselinia genus which includes five South American species. G. lucida is frequently associated with diverse and abundant epiphyte communities. The conservation and restoration of both epiphytic and terrestrial populations is important to ensure functionally diverse ecosystems and accordingly, it is recommended that this species be included in future forest ecological restoration.

year: 2011

title: Getting Deep:  Experiences of New Zealand Bodyboarders

authors: Nemani, Mihi Joy

subjects: bodyboarding

abstract: Since the mid 1990s, a growing body of literature on lifestyle sports has produced fresh insights into the nuances, esoteric terminology and social dynamics in an array of lifestyle sport cultures. While surf culture has gained considerable attention from both sociologists and historians, the voices of bodyboarders have been minimal.  Reflecting perceptions held by many in mainstream society, the literature on surf culture tended to marginalize bodyboarding participants, deeming the activity fit for children or teenagers.  Therefore, this project addresses the gap in academic literature on surf culture by adopting a socio-cultural, qualitative approach to give voice to bodyboarders, by revealing some of the complexities within bodyboarding culture, and revealing power relations operating between surfers and bodyboarders in the surf. 

As a three-time world amateur champion female bodyboarder of both Maori and Samoan heritage, I was particularly interested to understand experiences of gender and ethnicity in relation to bodyboarding.  Therefore, I conducted semi-structured interviews with eight bodyboarders living in New Zealand.  To analyse data from the interviews, I employed Bourdieu’s theoretical concepts of habitus, field and capital to explore bodyboarding with the intent of presenting fresh perspectives relating to masculinity and femininity, and experiences of Maori, Pacific Island and New Zealand European bodyboarders.  The participants revealed embodied characteristics of the bodyboarder as well as a variety of strategies used to negotiate space in the surf field.  The experiences of female participants resonated with current literature where opportunities to gain respect were limited based on their marginal position in the male-dominated lifestyle sport culture.  While some female participants successfully negotiated space within the surf field, male bodyboarders revealed other difficulties due to the hyper-masculinity of stand-up surfing culture, and the marginal position of bodyboarders.

In specifically examining the experiences of Maori and Pacific Island participants, I argue that a unique form of cultural capital exists in which respect, courtesy and fairness were given more value than demonstrations of physical capital.  Adopting a socio-cultural approach to analyse the operations of power in the surf field, and particularly how gender and ethnicity affect the experiences of New Zealand bodyboarders, this research project brings “new value to identities and experiences that are marginalized and stigmatized by the larger culture” (Denzin, 2002, p. 486).

text: Getting Deep:  Experiences of New Zealand Bodyboarders Since the mid 1990s, a growing body of literature on lifestyle sports has produced fresh insights into the nuances, esoteric terminology and social dynamics in an array of lifestyle sport cultures. While surf culture has gained considerable attention from both sociologists and historians, the voices of bodyboarders have been minimal.  Reflecting perceptions held by many in mainstream society, the literature on surf culture tended to marginalize bodyboarding participants, deeming the activity fit for children or teenagers.  Therefore, this project addresses the gap in academic literature on surf culture by adopting a socio-cultural, qualitative approach to give voice to bodyboarders, by revealing some of the complexities within bodyboarding culture, and revealing power relations operating between surfers and bodyboarders in the surf. 

As a three-time world amateur champion female bodyboarder of both Maori and Samoan heritage, I was particularly interested to understand experiences of gender and ethnicity in relation to bodyboarding.  Therefore, I conducted semi-structured interviews with eight bodyboarders living in New Zealand.  To analyse data from the interviews, I employed Bourdieu’s theoretical concepts of habitus, field and capital to explore bodyboarding with the intent of presenting fresh perspectives relating to masculinity and femininity, and experiences of Maori, Pacific Island and New Zealand European bodyboarders.  The participants revealed embodied characteristics of the bodyboarder as well as a variety of strategies used to negotiate space in the surf field.  The experiences of female participants resonated with current literature where opportunities to gain respect were limited based on their marginal position in the male-dominated lifestyle sport culture.  While some female participants successfully negotiated space within the surf field, male bodyboarders revealed other difficulties due to the hyper-masculinity of stand-up surfing culture, and the marginal position of bodyboarders.

In specifically examining the experiences of Maori and Pacific Island participants, I argue that a unique form of cultural capital exists in which respect, courtesy and fairness were given more value than demonstrations of physical capital.  Adopting a socio-cultural approach to analyse the operations of power in the surf field, and particularly how gender and ethnicity affect the experiences of New Zealand bodyboarders, this research project brings “new value to identities and experiences that are marginalized and stigmatized by the larger culture” (Denzin, 2002, p. 486).

year: 2013