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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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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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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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 Grant - 27 Mar 2012
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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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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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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 Grant - 5 Mar 2012
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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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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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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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