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Of Interest

recent cases recent articles

recent cases

14 December 2017

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

The appeal from the Court of Appeal was allowed in part. The council succeeded in establishing that the Southland Indoor Leisure Centre Charitable Trust had contributed to its own loss and damages were reduced by 50%.

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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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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

22 July 2018

The power of lay witnesses

Court confirms builder's duty is to build code-compliant buildings.

1 July 2018

Too casual

Can a casual employee raise a personal grievance? This question was answered in a recent decision of the Employment Relations Authority. Paul Robertson outlines the lessons to be learned.

1 June 2018

Knowing your accuser

An employer receives a "confidential" complaint about an employee. The person complained about wants to know the name of their accuser. What is the employer to do?

1 June 2018

Building contracts and negligence - does one exclude the other?

"... The pupils and teachers have not had the benefit of healthy code-compliant buildings for eight years; and the award reflects the amount necessary to repair the School."

7 May 2018

Victory at any cost

Employment disputes often result in a pyrrhic victory, says Paul Robertson

1 May 2018

Shadowclad & Councils

Third party claims and 10 year limitation periods tested in court.

1 March 2018

Stadium Southland Decision

On 14 December 2017 the Supreme Court released its Stadium Southland judgment. The Supreme Court allowed the appeal in part.

18 February 2018

Coastal Flooding Challenge

Climate change will impact on us all and especially on those living and working along the coast.

1 February 2018

Breaching Privacy Costs

What is the cost to a person/school if personal information is leaked?

3 January 2018

Breaching a record of settlement

Reaching a settlement involves making compromises.


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