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Amending directors’ duties to go beyond the bottom line

The Companies (Directors Duties) Amendment Bill 2021 (Bill) proposes to amend section 131 of the Companies Act 1993 (Act) to clarify that company directors may take into account recognised environment...

20.10.2021 Posted in Business Advice

The Impact of Unclear Communication

The recent decision of the New South Wales Court of Appeal in Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd (No. 2) [2021] NSWCA 9 is an example of an unclear direction resulting in a principal being unable to rely on a notification time bar in a construction contract.

11.10.2021 Posted in Construction

Penalties imposed for a single phone call attempting to enter a price-fixing agreement

The High Court in Commerce Commission v Specialised Container Services (Christchurch) Ltd recently imposed pecuniary penalties under the Commerce Act 1986 (the Act) for an attempt to enter into a pric...

07.10.2021 Posted in Business Advice & Regulatory

Update – August/September 2021 Lockdown – what financial support is available?

The Government is offering various support schemes to help employees and businesses cope with the 2021 COVID-19 Lockdown. Given the differing eligibility requirements it is easy to become overwhelmed.

07.10.2021 Posted in Business Advice & COVID-19 & Employment

Exclusion of liability for deliberate breaches of contract

In Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) the English High Court considered a summary judgment application on the applicability of a limitation of liability clause to an alle...

01.10.2021 Posted in Construction & Litigation & Dispute Resolution

How low can you go? Commerce Commission’s prosecution against Bunnings dismissed

The District Court recently dismissed the Commerce Commission’s case against Bunnings for alleged misleading and deceptive representations under the Fair Trading Act 1986 (FTA). In dismissing the Co...

01.10.2021 Posted in Litigation & Dispute Resolution & Regulatory

Civil Aviation Bill introduced to Parliament

After five years of preparation, the Civil Aviation Bill has been introduced to Parliament. The aviation industry has seen dramatic change in the three decades since the current Civil Aviation Act w...

30.09.2021 Posted in Aviation

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Hesketh Henry is a thriving commercial firm providing business and personal advice to domestic and international clients. We support a wide range of clients and have particular expertise in the construction, insurance, real estate, insolvency, trade & transport, employment, health & safety, and private wealth sectors. We have Cantonese, French, German, Korean, Malaysian, Mandarin, Russian and Spanish speakers and a long history of helping overseas companies and individuals invest and carry out business in New Zealand.

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