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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

Amendments to Evidence Act for civil litigators

New Zealand - December 12 2017 The law of evidence in court proceedings in New Zealand is contained in the Evidence Act 2006. The act codified and adapted the common law, which

Journalistic privilege upheld as police warrant and search ruled unlawful

New Zealand - March 29 2016 In 2015 the High Court ruled in Hager v Attorney-General that a police warrant to search a journalist's house, and consequently the search itself

Court of Appeal sheds light on new approach to penalties in Torchlight decision

New Zealand - September 12 2017 The New Zealand Court of Appeal recently had to determine whether late payment fees of A$28 million on a 60-day loan of A$37 million were an unenforceable penalty according to the law of New South Wales, Australia, which was the law of the contract

Ship arrests in practice

New Zealand - January 15 2014 Initial ship arrest in New Zealand can be fast and relatively inexpensive

Amendments to Evidence Act for civil litigators

New Zealand - December 12 2017 The law of evidence in court proceedings in New Zealand is contained in the Evidence Act 2006. The act codified and adapted the common law, which

Supreme Court enforces 'use it or lose it' trademark rule

New Zealand - October 17 2017 The Supreme Court recently clarified the law applicable to unused registered trademarks in New Zealand and limited the scope of protection afforded to trademarks under the Trademarks Act 2002

Court of Appeal sheds light on new approach to penalties in Torchlight decision

New Zealand - September 12 2017 The New Zealand Court of Appeal recently had to determine whether late payment fees of A$28 million on a 60-day loan of A$37 million were an unenforceable penalty according to the law of New South Wales, Australia, which was the law of the contract

Substantial security for costs ordered for third-party funded claims

New Zealand - September 5 2017 The High Court recently ordered that a substantial amount be provided as security for costs by a litigation funder in relation to claims brought against seven defendants

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