Litigation & Disputes

Few things can go pear shaped as quickly as a business disagreement. Talk to McVeagh Fleming about making sure you are protected before things go wrong – and for advice on the best strategy if things do go wrong.

Business, Lease and Contracts Disputes Lawyers

The litigation team at McVeagh Fleming has vast experience and expertise in commercial disputes, including claims in contract, tort, and statutory rights and obligations. Whether your legal dispute is straightforward or complex, it is always important we gather all the necessary facts, understand your objectives and apply careful analytical skills to achieve the best outcome for you. McVeagh Fleming will provide honest and realistic advice to achieve an efficient resolution.

Commercial Contract Disputes

Business transactions require a proactive approach. At McVeagh Fleming, we provide cost-effective, timely strategies to protect your contractual or legal rights. With extensive experience across all industries, our specialists will work closely with you to plan and implement the most appropriate legal strategy to meet your objectives. Committed to reducing risk, McVeagh Fleming specialises in negotiation, mediation and arbitration. However, if litigation is required, the firm is fully equipped to represent you in any court or tribunal.

Recent Insights

August 2023

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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February 2023

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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February 2023

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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