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Results: 1-10 of 416

Insurance Case Law Update - April 2017
  • Hesketh Henry
  • New Zealand
  • April 18 2017

This update provides a summary of judgments released over the past six months. A more extensive discussion of particular judgments is linked to case


High Court confirms independent hearing panel's approach to scope' was lawful
  • DLA Piper LLP
  • New Zealand
  • March 24 2017

The streamlined plan development process under the Local Government Auckland Transitional Provisions Act 2010 (LGATPA) made a number of changes to


New Zealand: Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd 2016 NZSC 158
  • HFW
  • New Zealand
  • March 23 2017

In another of the many insurance cases arising out of the Christchurch earthquakes in 2010 and 2011, the Supreme Court of New Zealand (that country’s


Commercial eSpeaking - Summer 2017
  • James & Wells
  • New Zealand
  • January 31 2017

The new Credit Contracts and Consumer Finance Amendment Act 2015 (CCCFA Amendment Act) which came into full effect in mid-2016 has tightened rules


A contractual duty of good faith: Young v Tower Insurance Ltd 2016 NZHC 2956
  • Hesketh Henry
  • New Zealand
  • December 23 2016

A High Court judge has held that a mutual duty of good faith is implied in every insurance contract. Damages may be awarded for breach of that duty


Mortgagee acted properly in proceeding with forced sale
  • Buddle Findlay
  • New Zealand
  • December 13 2016

The High Court recently considered an application for an urgent interim injunction to restrain a mortgagee sale. The hearing was held on the eve of


Backward tracing the misuse of company funds
  • Buddle Findlay
  • New Zealand
  • December 13 2016

In Intext Coatings Ltd (In Liquidation) v Deo, the High Court was again asked to consider the limits of the equitable remedy of tracing (previously


Loans to wife for husband's purposes not subject to the CCCFA
  • Buddle Findlay
  • New Zealand
  • December 13 2016

Mr Maharaj owned a building company. Ms Nandani, his wife, owns a residential property. Mr Maharaj needed funding, which he could not obtain. However


Limits of the equitable remedy of tracing better defined
  • Buddle Findlay
  • New Zealand
  • September 29 2016

The recent High Court decision of The Fish Man Ltd (In Liq) v Hadfield 2016 NZHC 1750 explored the limits of the equitable remedy of tracing - in


Charging orders under the Construction Contracts Act 2002 - infrastructure projects
  • Buddle Findlay
  • New Zealand
  • August 15 2016

The developers of infrastructure and the owners of land through which the infrastructure is built may be surprised to find that the land in question