Litigation & Dispute Resolution
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Contractors, Caveats, and Retention of Title clauses
The High Court in Development Construction Company Ltd v Mackenzie [2021] NZHC 546 has confirmed  that retention of title (RoT) clauses do not provide contractors with a caveatable interest. This dec...
New ICC Arbitration Rules 2021 come into force
The revised International Chamber of Commerce (ICC) Arbitration Rules for 2021 (2021 Rules) have now come into force and apply to all ICC arbitrations begun after 1 January 2021.  While the new Rules...
10.03.2021 Posted in Litigation & Dispute Resolution
“Recklessness” under the Health and Safety at Work Act 2015
The High Court has clarified the elements of the offence of reckless conduct in the Health and Safety at Work Act 2015.
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...
Phishing for payment: How Team New Zealand was scammed
Hackers often try to scam entities making international payments by impersonating one, or both, parties to the payment.
Class Actions – Supreme Court rules it’s “opt-out”, Law Commission Issues Paper imminent
Following the Supreme Court decision in Southern Response v Ross [2020] NZSC 126 the Law Commission is now set to release its Issues Paper on Class Actions and Litigation Funding on 4 December 2020. ...
Court of Appeal cuts fine for Steel & Tube’s breaches of the Fair Trading Act 
The Court of Appeal in Commerce Commission v Steel & Tube Holdings Limited [2020] NZCA 549 has set aside last year’s High Court decision under the Fair Trading Act 1986 (FTA) where it imposed a ...
My way or the highway: repudiation, cancellation and dispute resolution clauses
In Jade Residential Ltd v Paul, the Court of Appeal reviewed two issues which may arise in contractual disputes: The right to cancel a contract for “partial” repudiation; and Whether an aggrieved...
Proposed Reforms to Building Act and Regulations
There are major changes to the Building Act on the horizon that will impact the entire construction sector including manufacturers, builders, building consent authorities, consultants and many others ...
Is a Contract a Contract (if a Court says it’s not)?
Savvy Vineyards 4334 Ltd v Weta Estate Ltd [2020] NZSC 115
Government calls time on Dodds litigation
Southern Response Earthquake Services Limited v Dodds [2020] NZCA 395
Singapore Convention comes into force
The Singapore Mediation Convention has now entered into force, creating a comprehensive framework for the enforcement of international mediation settlement agreements.
16.09.2020 Posted in Litigation & Dispute Resolution & Maritime
Design life in the spotlight
Blackpool Borough Council v Volkerfitzpatrick [2020] EWHC 1523 (TCC) In 2009, Blackpool Borough Council (Principal), as principal, contracted with Volkerfitzpatrick Ltd (Contractor), as head contracto...
Adjudication: Conflicts of Interest with Professional Advisors
The last working day of 2019 saw another judicial review of an adjudication determination (Yousseff v Maiden [2019] NZHC 3471), this time focused on conflict of interest and apparent bias.  Despite j...
ACP Cladding Update – Class Action Proposed
Media reports indicate that class action litigation in relation to ACP cladding is very likely.  A litigation funder has announced it will be funding a class action lawsuit for owners of buildings cl...
New Era for International Dispute Resolution?
A common issue for New Zealand companies engaging in international trade and dealing with foreign counterparties is how and where to resolve disputes and ensuring payment is received when the dispute ...
Employment Litigation Costs: In for a penny, in for a pound?
Vindication is frequently offered as a motivation for litigation.
Managing Risk and Dispute Resolution in Construction Projects ….
The best way to manage a dispute is not to have one.
Leaking Buildings: A Council Class Action In The Making?
We are now on what may be called the “third wave leaky buildings”.
Hesketh Henry Recognised in Legal 500 Asia Pacific 2017 Legal Directory
Recognised in Legal 500 Asia Pacific 2017 Legal Directory
Selecting and Tailoring Dispute Resolution Clauses
  Dispute resolution clauses are often relegated to the end of contractual negotiations or standard “boilerplates” are included with little or no thought as to their appropriateness.  Frequently...
07.10.2015 Posted in Litigation & Dispute Resolution
Arbitration Act 1996 – Reconstructing the Agreement to Arbitrate
The recent stream of alternate dispute resolution methods is part of the zeitgeist where disputants are shying away from Courts and attempting to settle their differences outside the Courtroom steps. ...
09.07.2014 Posted in Litigation & Dispute Resolution
Presumed Built When Certified
John Anthony Osborne and Helen Osborne v Auckland Council On 10 June 2014, the Supreme Court delivered a decision on the eligibility criteria under s 14(a) of the Weathertight Homes Resolution Servi...
The Rules of the Game are Changing
Nothing says excitement quite like the rules of civil procedure.  We might laugh at that statement, but such rules are important insofar as they govern the way cases are commenced and managed through...
23.06.2014 Posted in Litigation & Dispute Resolution
Dotcom v United States of America [2014] NZSC 24
Kim Dotcom’s anticipated Political Party aspirations may have taken a hit when the Supreme Court delivered a judgment against Dotcom.  Most New Zealanders are no strangers to Dotcom and the storm o...
07.05.2014 Posted in Litigation & Dispute Resolution
New District Court Rules
Download PDF Article Over the past few months the Rules Committee has been considering a total revamp of the District Court Rules (DCRs).  At the same time, Parliament has been considering the Judica...
21.03.2014 Posted in Litigation & Dispute Resolution
Investor Losses: A Fruitful Ground for Class Actions?
In tough economic times when share prices fall, corporate profits drop and companies edge towards insolvency, investors can face the depressing reality of dwindling retirement portfolios. Whether they...
11.11.2009 Posted in Litigation & Dispute Resolution
Innovation the key to improved services
One of Auckland’s oldest law firms, Hesketh Henry, has embraced technology to increase productivity and lower their costs to clients.
11.11.2008 Posted in Litigation & Dispute Resolution
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