Employment Agreements sometimes contain indemnities from the employer for liabilities the employee incurs in the course performing his or her duties as employee. Such an indemnity can also be implied by law, if the employment agreement does not contain an explicit indemnity. However there are some issues that can affect the enforceability of these.
The High Court decision of Lewis Holdings Ltd v Steel & Tube Holdings Ltd [2014] NZHC 3311 has highlighted the importance of maintaining a subsidiary’s independence from its parent company.
This article explains what a caveat is. It gives examples of when you may want to lodge a caveat and explains how a caveat is removed.
The New Zealand legal system is a common law system, based on the English system of justice. As a result, New Zealand, like England, Australia, Canada and the USA, adopts an adversarial court process. What this means is that the Courts are reliant on the parties to produce evidence and argue in favour of a particular version of events. Based on this evidence and argument from counsel, the Court will make a decision as to which party is right and which is wrong.
This article provides an explanation of some of the commonly used terms in property law.
A High Court decision has highlighted the benefits of including an equitable mortgage in a supplier’s terms of trade.
Starting a new business can be an exciting time, and one in which, during the excitement, considerations of legal and structural issues are often overlooked. This often leads to costly and time-consuming problems. To help you minimise the risk of unintended or unforeseen consequences in the future, this article sets out some of the issues you should consider before starting a new business.
Unit title developments are an increasingly common form of property ownership in New Zealand. If you are considering purchasing a unit title property, it is important that you understand how unit titles operate. This article outlines some of the important issues you will need to consider.
This article explains what the term "paper road" means, how you can find out where a "paper road" is located, and provides some information on the upkeep of "paper roads". The term "stopping of a road" is also explained.
Arbitration is often the mandatory process for resolution of disputes in commercial contracts. This article reviews the arbitration process and the advantages and disadvantages of this method of dispute resolution.