Insights & Articles

Money Claims

Debt Recovery and Enforcement

Debt Recovery and Enforcement

Written by:
James Turner
This article serves to inform the procedural and legal methods and issues related to debt recovery.
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NZS3910:2013 Covid-19 Conditions

NZS3910:2013 Covid-19 Conditions

Written by:
James Turner
The Principal, the Contractor and the Engineer had to navigate through the general and specific conditions of their NZS3910:2013 contracts in regards to variations, extensions of time and payment claims for the Covid-19 lockdown period.
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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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Brougham v Regan - The Requirements for a Valid Contract of Guarantee

Brougham v Regan - The Requirements for a Valid Contract of Guarantee

On 30 October 2020 the Supreme Court delivered a landmark judgment in the context of contracts of guarantee in the case of Brougham v Regan [2020] NZSC 118. A summary of the key facts of the matter and important points in the Court's decision follow.
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Obtaining an Enforceable Guarantee

Obtaining an Enforceable Guarantee

Written by:
Andrew Knight
There are many circumstances where businesses might give credit – even without formally doing so. Providing goods or performing services in advance of full payment is extremely common, but if a company or sole trader you are dealing with has financial problems or a poor credit history, then you may not get paid.
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Important Update in Respect of PPSR Registration

Important Update in Respect of PPSR Registration

Written by:
Andrew Knight
The Personal Property Securities Amendment Regulations 2018 will come into force on 1 October 2018 and make a number of technical amendments to the Personal property Securities Regulations 2001.
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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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What is a Statutory Demand and When Should I Use It?

What is a Statutory Demand and When Should I Use It?

Written by:
What do you do when you are chasing a company for a debt and despite your requests, pleas, calls and curses, the company is failing or refusing to pay? The statutory demand process may be suitable in such circumstances.
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Evicting a Commercial Tenant - Know Your Rights

Evicting a Commercial Tenant - Know Your Rights

Written by:
Brandon Cullen
The Property Law Act 2007 ("PLA") codifies – very strictly – the process and means by which a commercial tenant may be evicted for non-payment of rentor some other breach of its lease obligations. Whether you are the landlord or the tenant,it is critical you understand your rights and obligationsin an eviction scenario.
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