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.view summary
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.view summary
Double J Smallwoods v Gisborne District Council  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.view summary
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.view summary
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.view summary
Nightingale v James & Ors (DC)
We successfully defended real estate clients from allegations that they had forged initials on a sale and purchase agreement.view summary
Shaw v New Plymouth Club Inc (ERA)
We successfully defended a personal grievance by way of constructive dismissal claim in the Employment Relations Authority.view summary
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.view summary
Horwood v Opotiki District Council (HC)
The council successfully defended an application for particular discovery of irrelevant documents.view summary
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%.view summary
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.
Police Vetting - Getting it Right
Making a job offer subject to receiving an acceptable police vetting report can be problematic.
At the Senior Building Control Officer's Forum we convened a panel on the lessons that could be taken from the Stadium Southland case.
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.
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.
Have I been dismissed?
An employer needs to tread carefully when an employee resigns suddenly.
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.
A win for the Councils in the Court of Appeal
On 21 March 2017 the Court of Appeal gave judgment in a case concerning the collapse of Stadium Southland’s roof. The Court of Appeal overturned the High Court’s decision and found that the Invercargill City Council was not liable.
Someone Else's Problem
A technology teacher took exception to a direction that he set up and maintain equipment for his classes.
Duty to warn of concerns?
The decision of Andrews Property Services Ltd v Body Corporate 160361 & Ors  NZCA 644 was an appeal of a High Court decision.