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Code Compliance Certificate Sufficient Basis for Leaky Building Claim

Code Compliance Certificate Sufficient Basis for Leaky Building Claim

The High Court recently confirmed that a claim could proceed against Auckland Council when the only action within the claimable ten-year period was issuing the code compliance certificate.

By Andrew Steele - 30 Aug 2012

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Another win for Martelli McKegg leaky building clients

Another win for Martelli McKegg leaky building clients

The High Court released its decision in the Auckland Council v Blincoe & Ors claim yesterday. The decision is a victory for home owners, as the High Court has confirmed that local Councils should not have approved the use of sealant around windows.  The successful parties were represented by Martelli McKegg and Grant Illingworth QC.

By - 14 Aug 2012

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Bankrupts beware!

Bankrupts beware!

Enforcement of bankruptcy overseas

The Insolvency (Cross-Border) Act has made the enforcement of bankruptcy orders overseas more straight-forward.

We recently completed a court ordered sale of property owned in New Zealand by an Australian bankrupt.

By Tony Johnson - 1 Aug 2012

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Employee lives the dream

Employee lives the dream

What to do if your employer pays you too much.

A nice problem to have you might think. In a recent case in the Employment Court (Foai v Air New Zealand Ltd [2012] NZEmpC 57) the court ruled that an employee was entitled to keep some $42,000 that he had received over and above the pay that he was entitled to. He had received the money in good faith and altered his lifestyle as a result. He even saw his child support payments increased on the back of his higher pay.

By Claire Mansell - 26 Jul 2012

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High Court success against IRD

High Court success against IRD

The High Court recently ruled in our client's favour in a case against the IRD. 

We acted for a liquidator.  Very shortly before (and soon after) the liquidation, the IRD deducted various monies from the company's bank account.

By Claire Mansell - 23 Jul 2012 - 1 comment

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Martelli McKegg features in latest Auckland Today Magazine

Martelli McKegg features in latest Auckland Today Magazine

Lisa Gerrard was interviewed by Auckland Today as part of their 'leaky building' feature. Lisa commented on the biggest challenges facing owners of leaky buildings and the steps home owners should take if they suspect they may have a leaky home. 

By - 20 Jul 2012

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Relief for Earthquake Insured

Relief for Earthquake Insured

Many insurance policies contain exclusion clauses which seem wide-reaching enough to bar many claims. However, a recent High Court decision underlines the need to carefully examine the effect of those clauses.

By - 25 Jun 2012

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Supreme Court rules in favour of Council in leaky building claim

Supreme Court rules in favour of Council in leaky building claim

In the recent Supreme Court decision of MacNamara v Auckland Council & ORS the Court ruled in favour of the Council in finding that they could not be held liable for accepting certification from a private certifier, ABC certifiers, even though the certifier's authority in relation to that type of house construction had been revoked.

By Andrew Steele - 29 May 2012

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Changes to the District Court Rules

Changes to the District Court Rules

From 14 June 2012, changes will be occurring to procedure in the District Courts. These changes aim to "iron out some of the kinks" in the District Courts Rules which came into force in 2009.

By Claire Mansell - 21 May 2012

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Multi unit leaky building claims and the WHRS Acts

Multi unit leaky building claims and the WHRS Acts

On an appeal from a decision of the Weathertight Homes Tribunal (BC 180379 & ORS v Auckland Council CIV 2011-404-5330) Fogarty J recently ruled in favour of our client's appeal and confirmed the spirit of the leaky homes legislation to be remedial, with the intended purpose being to assist leaky home owners to repair their homes. He did not accept the respondents' arguments that technical procedural requirements could result in a unit owner's claim failing following transfer to their LAQC.

By Andrew Steele - 26 Apr 2012 - 2 comments

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