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Full replacement insurance - the devil is in the detail

Full replacement insurance - the devil is in the detail

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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Court of Appeal offers more certainty to creditors

Court of Appeal offers more certainty to creditors

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 has her cake and eats it too

Former employee has her cake and eats it too

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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Breaking News: Good news for contractors but bad news for liquidators

Breaking News: Good news for contractors but bad news for liquidators

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 morning after the night before

The morning after the night before

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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Martelli McKegg announces new Associate Claire Mansell

Martelli McKegg announces new Associate Claire Mansell

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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Lifting the corporate veil – a cautionary tale for directors of parent companies

Lifting the corporate veil – a cautionary tale for directors of parent companies

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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Summer building project? Don't get caught out by new building regulations

Summer building project? Don't get caught out by new building regulations

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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Planet of the "non-human persons" - Sandra the orangutan finally tastes freedom

Planet of the

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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Hosting a work party? Be aware of the risks

Hosting a work party? Be aware of the risks

Christmas work parties are now in full swing. Many commentators are reminding employers that they could face liability if employees are hurt, or hurt others, when under the influence of alcohol supplied at work functions. Drink driving is a particular concern, especially with lowered breath and blood alcohol limits. 

By Andrew Steele - 12 Dec 2014

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