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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

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

A reminder to mortgagees exercising a power of sale
  • Buddle Findlay
  • New Zealand
  • June 30 2016

A recent decision of the Court of Appeal acts as a reminder of the duties imposed on mortgagees in exercising a power of sale, particularly where the

Development contributions: Beaumont Trading Company versus a council caught in time
  • Buddle Findlay
  • New Zealand
  • June 15 2016

The recent Court of Appeal case Beaumont Trading Company Ltd v Auckland Council 2016 NZCA 223 (25 May 2016) set aside the decision of Auckland

Supreme Court balances dying man's 'unwavering' final intentions
  • Buddle Findlay
  • New Zealand
  • May 20 2016

The late Mr Blackwell was diagnosed with an inoperable brain tumour in 2000. He decided to lease his farm to his neighbours and grant a right of

Going to Market - consumer law update - May 2016
  • Chapman Tripp
  • Australia, New Zealand
  • May 12 2016

The risks for organisations from breaching consumer law are high with increased penalties, new fair trading and consumer credit regimes and more

Earthquake cases keep New Zealand Courts busy
  • DLA Piper LLP
  • New Zealand
  • May 4 2016

Commercial buildings in New Zealand are insured under what is called a Material Damage Policy (also known as an Industrial Special Risks Policy in

Extent of lease obligations for remediation of contamination
  • Wilson Harle
  • New Zealand
  • March 22 2016

The Court of Appeal has held Mobil Oil NZ Ltd liable for the cost of remedying hydrocarbon contamination of land that it has occupied since 1925

Investment Properties Vulnerable to Relationship Property Claims
  • Hesketh Henry
  • New Zealand
  • February 18 2016

Unlike the family home, investment properties are not inherently relationship property under the Property (Relationships) Act 1976 ("Act"). If an