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Insights & Opinion
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.
Formation of Contract: Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd
The English High Court decision in Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd [2021] EWHC 287 highlights the importance of parties to commodities contracts expressly including an arbitration clause in the contract. This is particularly when the contract is formed by email or instant messaging negotiations.
Is your will in draft form? High Court refuses to exercise its discretionary power to validate a draft will notwithstanding beneficiaries’ consent
The High Court’s recent decision in Re: An application to validate the will of Olive Ruby Piper [2021] NZHC 534 serves as a valuable reminder to make sure that your estate planning documents are...
All about the evidence: Recent Supreme Court decision confirms extrinsic evidence rules and implication of contractual terms
The Supreme Court’s recent decision in Bathurst Resources Ltd v L & M Coal Holdings Ltd provides important guidance on the approach to the use and admissibility of extrinsic evidence for contractual interpretation and the test for implication of contractual terms.
Spotlight on the Retail Grocery Sector: Commerce Commission releases preliminary results from its market study into the Retail Grocery Sector
The retail grocery sector has garnered considerable publicity in recent times. Lockdown has intensified scrutiny on the pricing strategies and structures adopted by retailers in this sector. This follows on the back of the Commerce Commissions broader investigation of competition issues within the sector.
Liquidators’ Powers: Successful application under section 266 of the Companies Act to examine former director
Liquidators have wide-ranging powers under the Companies Act 1993 (Companies Act), including the power to request directors, shareholders or any other relevant person to assist in the liquidation of a...
Court of Appeal Overturns Employment Court’s Decision in Tourism Holdings
Tourism Holdings Limited v A Labour Inspector of the Ministry of Business, Innovation and Employment (Tourism Holdings) is the first decision in which the Employment Court considered section 8(2) of the Holidays Act 2003 (Act). The Court of Appeal has recently overturned this decision.
Unwanted Land Covenants and Easements: Seeking a Court Order
The Supreme Court recently considered an application by Synlait Milk to modify a land covenant restricting the burdened land use to farming, grazing and forestry operation to protect the ability of the benefited land owner to develop a quarry. This article looks at the circumstances in which the courts might give relief to parties in an application to extinguish or modify a covenant or easement.
When is someone ‘at work’ under the Health and Safety at Work Act?
The High Court has confirmed that to be ‘at work’ for the purposes of the Health & Safety at Work Act 2015 (HSWA), a link between the particular activity undertaken and the work of the PCBU is required. If that link is established, any person engaged in the activity will be 'at work' for the purposes of the HSWA.
English Supreme Court clarifies approach to determining the governing law of an international arbitration agreement
The English Supreme Court has recently clarified how the governing law of an arbitration agreement should be determined, where the agreement lacks an express choice of law provision. In an area of l...
The High Court clarifies the liability of ‘officers’ under the Health and Safety at Work Act 2015
The High Court has clarified the due diligence duty imposed on ‘officers’ of a PCBU. Due diligence is not limited to obligations of governance, but will depend on the nature of the PCBU and the role the officer occupies in it.
A high bar to set aside statutory demands to enforce adjudication determinations under the Construction Contracts Act 2002
The “pay now argue later” principle underpins the Construction Contracts Act 2002 (CCA). The recent decision of C&R Property Development Ltd v MR Civil Ltd confirms the importance of this pr...
Adjudicators’ Powers: The ability to award statutory damages and to consider matters already determined
Adjudication under the Construction Contracts Act 2002 (CCA) is a commonly used procedure to determine disputes between parties to a construction contract. The recent decision of the High Court in H...
COVID-19: Industries interrupted: A call for clarity in respect of Business Interruption Cover
Understandably, businesses worldwide are looking for financial support to offset losses flowing from the restrictions governments have placed on how we can conduct business as part of global and local responses to control the spread of COVID-19.
What must be in an individual employment agreement to comply with legislation? You might be surprised!
Most employers know that an individual employment agreement (IEA) must be in writing and that they are required to retain a signed copy (or the current terms and conditions of employment that make up ...
Managing Employees’ Mental Health Issues
Ministry of Health statistics confirm that during 2016, 169,454 people accessed mental health services in New Zealand. The law of averages suggests that most workplaces will – to a lesser or greater degree – be affected at some time by an employee’s mental health issue.
Diminution of value or the cost of cure: assessing the “normal” measure of damages in leaky building claims
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Johnson v Auckland Council [2013] NZCA 662
Mr and Mrs Johnson purchased a leaky home in a mortgagee sale. They were aware at the time of purchase that the house might leak. T...
Tomorrow Doesn’t Work for Me, Nor Does Any Other Day – Let’s Just Not Bother: An Employee’s Refusal to Attend a Disciplinary Meeting
We are quite often asked what to do if an employee just won’t turn up to a disciplinary meeting. Do you have to delay forever? Can you box on and hold the meeting without the employee in question?...
Competing claims scuppered: A ship repairer’s priority rights following the ship’s arrest and sale
Alan Sherlock, Partner at Hesketh Henry, has been involved in a number of Admiralty cases, and has experienced the following recent success.
In Babcock Fitzroy Limited v The Ship “The M/V Southern P...
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