If you're a building contractor who issues simplified
invoices, you may need to think again. A recent high court case
emphasised the need for contractors to get invoices right the first
time if they intend to rely on summary procedures to maximise their
cash flow.
By Andrew Steele - 30 Jun 2015
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This week the Supreme Court granted an insurer leave to appeal
in the case of Southern Response Earthquake Services Limited v
Avonside Holdings Limited. This litigation concerns
arguments around what costs can be included in estimating the full
replacement cost.
By Andrew Steele - 25 Jun 2015
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The recent case of Timberland Limited v Levin &
Anor is a victory for trade creditors. The case concerned the
voidable preference regime under the Companies Act. Under that
regime, a liquidator of a company can "claw back" payments made to
a creditor within two years of liquidation.
By Claire Mansell - 30 Apr 2015
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Former employee Karen Hammond has just had a massive win against
her former employer Credit Union Baywide. After Karen's friend was
"let go" from Credit Union, Karen decided to throw a dinner party
for her. The pièce de résistance of the evening was a cake with the
phrase "F### U Credit Union" iced on the top.
By Claire Mansell - 5 Mar 2015
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Under the voidable transaction regime, the liquidator of a
company can "claw back" payments made to a creditor within
the two years prior to liquidation. In order to do so
liquidators must show the payment was made at a time when the
company was insolvent and allowed the creditor to receive more than
they would have in the liquidation.
By Claire Mansell - 18 Feb 2015
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The talk around the water cooler has focused on the couple
filmed having sex in a Christchurch city centre office. As an
employment lawyer, I've been asked whether the couple can "get
fired" for their actions. Well, it depends.
By Claire Mansell - 3 Feb 2015
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We are pleased to announce our new associate, Claire Mansell.
Claire is an experienced litigator with particular expertise in
insolvency and civil litigation. She has been with us since
2009.
By Andrew Steele and Tony Johnson - 2 Feb 2015
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Generally speaking, a company is a separate legal entity in its
own right and its shareholders will not generally be liable for the
company's obligations. However, there are exceptions to this rule,
as illustrated in the recent case Lewis Holdings Ltd v Steel
& Tube Holdings Ltd.
By Claire Mansell - 29 Jan 2015
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As the building industry rides the wave of buoyant construction,
new regulations coming into force on 1 January 2015 introduce more
consumer protection and compliance requirements for
tradespeople.
By Andrew Steele - 23 Dec 2014
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A Court in Argentina has granted Habeas Corpus to an Orang-utan
named Sandra. Habeas Corpus (which means "you have the
body") is an ancient remedy which requires a detained person
to be brought before the court at a specific date and time. It is
usually used as a means of liberating someone from unlawful
detention.
By Claire Mansell - 22 Dec 2014
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