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Wilson Harle

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Supreme Court clarifies effect of arbitration agreements on court's jurisdiction

New Zealand - July 28 2015 The Supreme Court has clarified the meaning of Article 8(1) of Schedule 1 of the Arbitration Act 1996 and answered the question of how agreements to

Contractual penalties again

New Zealand - August 28 2018 A recent High Court decision adopted the perspective taken in the United Kingdom and Australia on the contractual penalties rule, shifting focus from

Unravelling trust assets - trustee powers deemed relationship property

New Zealand - April 29 2015 When a marriage or relationship breaks down and there are significant assets in trust structures, bitter disputes and attempts to access those trusts

Email Chains: Discovery Obligations

New Zealand - September 30 2009 In Todd Pohokura Ltd v Shell Exploration NZ Ltd(1) the High Court considered the discovery obligations of parties to litigation with regard to the

Supreme Court upholds smoking ban in mental health facilities

New Zealand - August 22 2017 The Supreme Court recently upheld a ban on smoking in public mental health facilities, ruling that the ban did not breach patients' rights, even of those compulsorily detained on the property

Contractual penalties again

New Zealand - August 28 2018 A recent High Court decision adopted the perspective taken in the United Kingdom and Australia on the contractual penalties rule, shifting focus from

No costs entitlement without lawyer's invoice - parties using in-house lawyers lose entitlement to costs

New Zealand - July 17 2018 Since 1983 it has been the position in New Zealand that a party can recover costs in cases where it has been represented by a lawyer that it employed

Context is everything - court adopts purposive approach to runway end safety area criteria

New Zealand - March 27 2018 A recent Supreme Court judgment considered a judicial review application about the length of runway end safety areas under a proposed runway extension

Duty of care owed by local authority to commissioning owner after stadium collapse

New Zealand - March 13 2018 The Supreme Court recently reversed a Court of Appeal judgment that a local authority did not owe a duty of care to a commissioning owner in issuing a

Major changes to privacy laws: implications for New Zealand businesses

European Union, New Zealand - March 6 2018 The EU General Data Protection Regulation (GDPR) will come into full effect on May 25 2018 and will impact New Zealand businesses that do business