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Half of yours is mine (the next chapter)

Half of yours is mine (the next chapter)

The UK Supreme Court recently considered an appeal from proceedings following a divorce. The Court's decision in Prest v Petrodel Resources Ltd & Ors is likely to affect New Zealand company, insolvency, trust and relationship property law. 

By Tony Johnson - 21 Jun 2013

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Some hope for creditors

Some hope for creditors

The recent High Court judgment in Hampson v Registrar of Companies has reaffirmed that in some circumstances a creditor of a company in liquidation may have a direct right of action against a director of that company.

By Tony Johnson - 17 Jun 2013

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Into the Void(able) transaction

Into the Void(able) transaction

A recent judgment in the High Court has challenged traditional thinking regarding whether a defendant can oppose an application for orders setting aside payments under section 292 of the Companies Act (commonly referred to as a voidable transaction).

By Tony Johnson and Claire Mansell - 7 Jun 2013

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Neighbours, everybody needs good neighbours ...

Neighbours, everybody needs good neighbours ...

As our cities move toward greater numbers of high density residential property, ownership in unit title developments is set to increase. An ideal scenario for some; but not for those who discover construction defects such as leaky building syndrome. At times like this, you really do need good neighbours.

By Kay Keam - 31 May 2013

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P Labs: Make it a habit to ask

P Labs:  Make it a habit to ask

We regularly see horror stories splashed across the front pages of the dailies, "Home buyers warned: Test for P", "Methamphetamine crackdown: Drug labs in houses" etc etc. But how much is just hype and how concerned should we actually be?

By Kay Keam - 24 May 2013 - 1 comment

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Are the rules the rules?

Are the rules the rules?

Care needs to be taken when looking at body corporate rules.  The first step is working out what the rules are.

By Kay Keam - 17 May 2013

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Tribute to Michael Cormack

Tribute to Michael Cormack

Michael Campbell McIntosh Cormack

23 July 1938 - 11 May 2012

Mike will be remembered for his many attributes, his sharp legal mind, easy gracious personality, competitive nature, sporting prowess, generosity, and his humour.

By Philip Wells - 10 May 2013 - 9 comments

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Supreme Court to consider interpretation of “built” date under the WHRS Act 2006

Supreme Court to consider interpretation of “built” date under the WHRS Act 2006

In December 2011 we published a blog in relation to the High Court's ruling that an appeal from the Weathertight Homes Tribunal could not proceed to the Court of Appeal following its dismissal in the High Court.  Mr and Mrs Osborne's pursuit for justice in their claim will now take them to the Supreme Court as they have recently been granted leave to appeal to that court.

By Andrew Steele - 8 May 2013

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Don't get burnt at auction

Don't get burnt at auction

In the red hot Auckland property market, many aspiring buyers have found themselves caught in an increasingly complex auction process. Auctions are currently the most common method of sale with two out of five properties being sold this way. Auctions are consistently brought forward from the advertised date and this can lead to confusion and tight timeframes.

By Kay Keam - 3 May 2013

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Further warning to passive trustees

Further warning to passive trustees

Recently the High Court again highlighted the importance of trustees taking an active role in the administration of his or her trusts. The recent High Court decision in Selkirk v McIntyre further highlighted the folly of being a "passive trustee". In that case GST was not paid by the trust and as a result the IRD obtained a $200,000 payment from the passive trustee.

By Tony Johnson - 29 Apr 2013

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