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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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Court of Appeal reject attempt to strike out leaky building claim

Court of Appeal reject attempt to strike out leaky building claim

On 29 March 2012 the Court of Appeal delivered its Judgment in Visini v Cadman & Anor CA400/2011. The Court ruled in favour of our client and threw out an attempt by the Defendant to overthrow the leaky building claim on an alleged procedural technicality.

By Andrew Steele - 20 Apr 2012

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Adventure Activities – Notification required by 30 April 2011

Adventure Activities – Notification required by 30 April 2011

If you are a provider of adventure activities such as bungy jumping, scuba diving and canyoning you are required to notify the Department of Labour of certain information about your business by 30 April 2011.

By Claire Mansell - 13 Apr 2012

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Trustees know your duties - or prepare to pay up!

Trustees know your duties - or prepare to pay up!

The recent High Court decision of Spencer v Spencer serves as a good reminder to trustees of the importance of knowing and complying with the terms of the trust you are heading.

By Tara Hurley - 27 Mar 2012

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Do you have offshore assets?

Do you have offshore assets?

We all know that in order to be sure that your wishes are followed after your death, it is essential that you make a Will during your lifetime.  But did you know that if you have assets situated offshore, then you may need to prepare more than one Will to deal with each jurisdiction where these assets are situated?

By Rebecca Collins - 20 Mar 2012

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Solicitor’s Approval v Due Diligence

Solicitor’s Approval v Due Diligence

Some buyers believe that if they sign an agreement to buy a property which is subject to "solicitor's approval" they automatically have a "get out of jail free" card.   A solicitor's approval clause cannot get you out of an agreement if you suddenly discover something about the property that you don't like and you decide you don't want to buy it.

By Louise MacCallaugh - 9 Mar 2012 - 1 comment

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Your relationship has broken down - now what?

Your relationship has broken down - now what?

It is often said that the five stages of grief apply at the end of a relationship.  The stages are denial, anger, bargaining, depression and acceptance.  Each person will transition through the stages at different times and this adds additional complexity for separated couples.

By Tara Hurley - 5 Mar 2012

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Leaky home liability insurance

Leaky home liability insurance

If a party facing liability in a "leaky home" case has liability insurance, they can involve their insurance company in the litigation.  In cases where this happens, a key issue is whether the other parties facing liability can seek recovery from the insurance company directly, rather than from the insured party. 

By Andrew Steele - 1 Mar 2012

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Countering the Counterfeiters

Countering the Counterfeiters

The importation and sale of counterfeit goods and pirated works has become an increasing problem in New Zealand.  In response to this, we have recently seen changes to our trade mark and copyright legislation.

By Mike Worsnop - 22 Feb 2012

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Trial Periods

Trial Periods

A recent Employment Court decision has given further direction about employers' obligations when implementing 90 day trial periods.

In Blackmore v Honick Properties Limited, the applicant, Mr Blackmore, applied for a position as a farm manager.  After the initial interview, the employer sent Mr Blackmore a letter offering him the position, which he accepted. Mr Blackmore then resigned his current position and relocated his family so he could start his new role. 

By Claire Mansell - 17 Feb 2012

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