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Results: 1-10 of 390

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


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


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


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


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