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Litigation & Disputes

Legal Landscapes Post-COVID: Navigating Global Challenges for Businesses

Legal Landscapes Post-COVID: Navigating Global Challenges for Businesses

As the world grapples with the aftermath of the COVID-19 pandemic, businesses face a myriad of legal challenges. From the financial strain on corporations to the nuances of insurance claims and employment law intricacies, the landscape is evolving. This article explores the potential areas of litigation that have emerged globally, shedding light on crucial aspects for businesses to consider.
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Empowering passengers: Exploring consumer rights regarding late departures in transportation services

Empowering passengers: Exploring consumer rights regarding late departures in transportation services

In an age where time is of the essence and personal schedules are tightly packed, the reliability of transportation services is paramount. Late departures by trains, buses, flights, and other means of transportation have become a common concern for consumers around the world. The rights of consumers when faced with tardy departures are not to be taken lightly.
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The Exercise of Contractual Discretion

The Exercise of Contractual Discretion

Woolley v Fonterra Co-Operative Group Ltd: The Exercise of Contractual Discretion‍On 29 June 2023, the New Zealand Court of Appeal delivered its judgment in the case of Woolley v Fonterra Co-Operative Group Ltd [2023] NZCA 266. In its judgment, the Court considered the approach to the exercise of contractual discretion in New Zealand, including the test adopted by the United Kingdom Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661. A summary of the key facts of the matter and important points in the Court's decision follow.
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Potential Changes Ahead to Sexual Harassment Claims and Restraints of Trade

Potential Changes Ahead to Sexual Harassment Claims and Restraints of Trade

As well as potential changes to the Holidays Act, see last year's article Changes on the way for the Holidays Act, there are potential changes on the horizon in relation to sexual harassment claims and restraint of trade provisions. We have outlined the details below.
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Protective Costs Orders

Protective Costs Orders

Awards of costs in civil proceedings are at the court’s discretion. The general costs rule is simple: the unsuccessful party is required to pay costs to the successful party. The award of costs is normally made on a 'scale' basis – the scale comprising certain daily rates and certain time allocations for certain steps in a proceeding, both prescribed in schedules to the courts publishes rules of procedures. This, in practice, means that a party to a proceeding will always incur irrecoverable costs to some extent. Much less frequently, awards of costs are made on an indemnity basis, so the unsuccessful party must pay the actual legal costs incurred by the successful party.
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ADLS/REINZ Sale and Purchase Agreement: Claim for Compensation

ADLS/REINZ Sale and Purchase Agreement: Claim for Compensation

Written by:
Craig Andrews
Eryanto Widjaya
If the purchaser discovers a defect with the property or breach of the sale and purchase agreement by the vendor just days before settlement is due, what can the purchaser and vendor do in that situation? Can the vendor force settlement? Should the purchaser be allowed to claim a reduction in the purchase price? The claim for compensation provisions were designed to achieve both objectives, requiring settlement to occur subject to some adjustment of the purchase price payable on settlement.
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Recovering Money During Lockdown in the Construction Industry

Recovering Money During Lockdown in the Construction Industry

Written by:
Craig Andrews
Many in the construction industry will be feeling frustrated at the latest lockdown slowing down projects and progress. Fortunately, not everything has to be put on pause. The Construction Contracts Act 2002 ("CCA") provides ways to recover money during lockdown.
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High Court Finds Level 4 'Lockdown' Unlawful for First Nine Days, Considers Lawfulness of Non-Essential Business Closures

High Court Finds Level 4 'Lockdown' Unlawful for First Nine Days, Considers Lawfulness of Non-Essential Business Closures

Written by:
James Turner
The High Court has found that the Government's announcement of an Alert Level 4 'Lockdown' for four weeks from 26 March 2020 in response to the Covid-19 pandemic was unlawful and potentially unenforceable for the first nine days (Borrowdale v Director-General of Health [2020] NZHC 2090). The Court also reviewed the closure of all non-essential businesses, which is significant for business owners hoping to file civil liability claims for lost revenue during this period.
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How are the Courts Operating During the Covid-19 Lockdown?

How are the Courts Operating During the Covid-19 Lockdown?

Written by:
Craig Andrews
The Chief Justice of the Supreme Court, the Right Honourable Helen Winkelmann, has assured the legal profession and members of the public that the Courts will be operational during all Covid-19 alert levels, including lockdown during alert level 4: "Courts are an essential service. New Zealand courts must continue to uphold the rule of law and to ensure that fair trial rights, the right to natural justice and rights under the New Zealand Bill of Rights Act are upheld."
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Unpaid Invoices - Want to Understand Your Options

Unpaid Invoices - Want to Understand Your Options

Written by:
James Turner
At one time or another, all businesses confront the unpleasant task of collecting outstanding fees for the services or products they have provided. When a client refuses to pay an outstanding invoice, recovering the money due may turn into a drawn-out process, even when the amount owed appears un-contentious. Engaging a solicitor to assist with the debt recovery process has the benefit of both impressing on the debtor your commitment to pursuing the debt and simplifying an otherwise frustrating process.
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