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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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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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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We have previously discussed the increasing emphasis on health
and safety in the workplace. This emphasis is confirmed by
the establishment of a new workplace health and safety agency which
was recently announced. This was one of the key
recommendations that arose out of the Royal Commission on the Pike
River Coal Mine tragedy.
By Andrew Steele - 28 Feb 2013
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If you are an employer, taking a relaxed approach to safety in
the workplace could expose your business to serious
consequences. In extreme cases such as Pike River, those
consequences were the tragedy of employees' deaths and the collapse
of the whole business.
By Andrew Steele - 20 Feb 2013
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Employees agree to work for some kind of payment - be it wages,
salary, or commission. This year's Waitangi Day repeat of the
on-going Novopay saga shows how serious, and potentially
devastating, not getting paid can be. So what should you do
if your pay fails to arrive?
By Claire Mansell - 14 Feb 2013
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"Word on the street" is that Hobson Gardens' multi-million
dollar "leaky home" claim against, amongst others, Mainzeal, the
original builder of the complex, was settled on the basis that
Mainzeal agreed to supply labour and materials for the repair of
the building. If this is true, then Mainzeal's promise will
represent a multi-million dollar settlement. Mainzeal's
unexpected receivership must place its performance of any
settlement promises in jeopardy.
By Andrew Steele - 8 Feb 2013
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There is increasing awareness of workplace bullying and the
effect it has on employees. Bullying can be a difficult issue
for both employers and employees. What one person may see as
'tough management' another may view as bullying.
What is Workplace Bullying?
By Claire Mansell - 4 Feb 2013
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We're very pleased to announce that Lewis Grant has joined the
Martelli McKegg partnership. Lewis brings to the firm a
wealth of experience in the trust and estate planning area.
By - 19 Nov 2012
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Trusts are often set up to protect family assets and are
administered by the family members themselves. While such trusts
may have lower administration costs than those involving
professional trustees, they are at higher risk of being impaired by
disputes between trustees.
By Tara Grant - 15 Nov 2012
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