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Of Interest

recent cases recent articles

recent cases

13 September 2017

Decision of Complaints Assessment Committee: Miao & Dai

We successfully defended a complaint made against real estate agents. The Complaints Assessment Committee determined to take no further action on the complaint.

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5 September 2017

Cattell v Auckland Council (HC)

We successfully defended the council from a negligence claim due to limitation and although the council was found liable in nuisance, it was only for damage to a concrete driveway turning bay and not for the more expensive damage to the house.

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13 June 2017

Double J Smallwoods v Gisborne District Council [2017] NZAR 1167 (HC)

We successfully defended the council against claims in nuisance and Rylands v Fletcher and although found liable in negligence, it was for only 26% of the amount claimed.

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21 March 2017

Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust (CA)

The council succeeded on appeal from the High Court. The $14.4m award of damages was set aside by the Court of Appeal and judgment was entered for the council.

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25 November 2016

Marina Resort Ltd v Body Corporate 170989 (in administration) (HC)

We acted for the administrator of a Body Corporate and we successfully resisted an application to set aside a statutory demand.

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23 November 2016

Nightingale v James & Ors (DC)

We successfully defended real estate clients from allegations that they had forged initials on a sale and purchase agreement.

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18 November 2016

Shaw v New Plymouth Club Inc (ERA)

We successfully defended a personal grievance by way of constructive dismissal claim in the Employment Relations Authority.

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13 April 2016

Corbett v Voulk (HC)

We supported a successful application to have the self representing claimant declared an incapacitated person and a litigation guardian appointed to act on his behalf. The proceeding has been stayed pending the appointment of an appropriate litigation guardian.

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9 March 2016

Horwood v Opotiki District Council (HC)

The council successfully defended an application for particular discovery of irrelevant documents.

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1 March 2016

Manchester Securities Limited v Auckland Council (WHT)

We successfully argued in the Tribunal that the claimant’s assignment was invalid, its own claim should be reduced by 50% for contributory negligence and the quantum of the claim should be reduced. The net result was the claim was reduced by nearly 60%.

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recent articles

24 November 2017

Triple Jeopardy

When a pharmacist lodged claims with the Employment Relations Authority, the High Court and the Human Rights Review Tribunal, his formal employer complained the costs and resources involved in defending three separate proceedings would be burdensome.

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10 October 2017

High stakes - are you covered?

The skylines of our major cities are dotted with high rise cranes.

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2 October 2017

Being a good neighbour

Councils own large tracts of land. Intrinsic with land ownership is risk that something done on your land might cause harm to your neighbour. This article touches on situations where councils have come unstuck due to their ownership of land.

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1 October 2017

When Passions Run High

A long-running dispute between a librarian and school principal led to defamation proceedings and an unusual order by the High Court. Paul Robertson explains how it all came about.

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1 September 2017

Police Vetting - Getting it Right

Making a job offer subject to receiving an acceptable police vetting report can be problematic.

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1 September 2017

Southland Stadium

At the Senior Building Control Officer's Forum we convened a panel on the lessons that could be taken from the Stadium Southland case.

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2 August 2017

What's the limit?

An issue we encounter when representing councils in claims about defective building work is that the plaintiff sometimes amends the claim to include an entirely new category of building defects.

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1 August 2017

Risk Management in Construction - How to avoid things going wrong

Whether your construction project is large or small, expensive or inexpensive, time-consuming or not, the considerations about how to manage risk in construction should remain the same.

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2 July 2017

Have I been dismissed?

An employer needs to tread carefully when an employee resigns suddenly.

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18 June 2017

Dr Grant Lester: Managing Unreasonable Complainant Behaviour

The complaints of difficult people take up a disproportionate amount of time and resources of employers. They also impact emotionally on those trying to manage their complaints. For that reason Heaney & Partners brought Dr Grant Lester, Consultant Forensic Psychiatrist, over from Melbourne to present to the delegates at the 50th Celebratory BOINZ Conference in May.

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(09) 303 0100

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