Litigation Archives

Do I Own my Tiny Home?

21 April 2023

In recent years tiny homes have become popular in the face of rising house prices, access to land issues and other drivers such as sustainability. The liquidation of a tiny homes business can cause particular issues as was demonstrated in the recent High Court decision, Maginness v Tiny Town Projects Limited.

Appointment of Family Court Associates to reduce delay within the Family Court

28 July 2022

The Government has introduced the Family Court (Family Court Associates) Legislation Bill to improve outcomes for people participating in Family court proceedings. We explore the origins of this bill and what actions it will implement to improve those outcomes.

I’ve been cut out of their Will… what now?

25 March 2022

If you have been excluded from your parent’s Will, or left a very small gift, you may have the right to challenge the Will. This article provides you with a summary of your rights.

The Importance of Shareholder Agreements

23 September 2021

When you are entering into a new venture the opportunities seem endless and everyone is positive about goals and working relationships. However, as we unfortunately see so often in our litigation team, things do not always go to plan. A well drafted shareholder agreement can be worth its weight in gold when working relationships sour.

Incorporated Society Dispute Resolution – What options do you have?

7 September 2021

We often have enquiries from clients or prospective clients relating to disputes within an incorporated society that they are affiliated with (e.g. as members or serving on society committees). People often ask us what they can do to resolve these disputes and how they can make claims when the society leaders are not acting in the best interests of the society. This article sets out the different options available when there are disputes within an incorporated society and highlights some deficiencies in our current law.

Contribution claims, Limitation and the Building Act 2004 – An ongoing debate

22 June 2021

In a recent High Court decision, BNZ Branch Properties Limited v Wellington City Council the Court found that the 10 year longstop period in the Building Act 2004 does not apply to claims for contribution under s 17(1)(c) of the Law Reform Act 1936. This is the latest in a series of conflicting High Court authorities on this point.

Privacy Act 2020 – What are the impacts on your organisation?

24 November 2020

In addition to Christmas, December 2020 is bringing us a new Privacy Act. The Privacy Act 2020 comes into force on 1 December 2020. With it, comes some changes you need to be aware of before you get into holiday mode. In this article, we set out the recent legal developments in this area and the potential implications if you are not up to speed with the new requirements.

Directors duties and the Supreme Court

7 October 2020

The Supreme Court has recently reviewed the law relating to director’s duties making it clear that trading while insolvent will amount to a breach of a director’s duties even if a director believes that continued trading may benefit the company’s creditors as a whole: Madsen-Ries and Levin as Liquidators of Debut Homes Limited (in liquidation) v Cooper [2020] NZSC 100.

Did they have all of their wits when they made their will?

2 October 2020

A deceased person’s will can be challenged for a number of different reasons. In this article, we look briefly at challenges to a will based on the grounds that the will maker did not have testamentary capacity at the time they made their will.

Construction Contract Claims – Getting it right

4 March 2020

The Construction Contracts Act 2002 required strict compliance in order to recover payments under it. In this article, construction law specialist, Karen Shaw provides a summary of the key requirements to ensure that you get these claims right .