https://www.nzherald.co.nz/business/...ectid=12107616
"We conclude that the FY04 forecast was an untrue statement," Justices Glazebrook, O'Regan and Kos said in the written judgment.
"We stress that this stage of the inquiry is to determine if the prospectus contained an untrue statement. We have not considered the materiality of the shortfall. This is because materiality is, contrary to the approach of the High Court, not relevant when considering if a statement is untrue."
High Court Judge Dobson has been suitably reprimanded for a faulty determination.
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