The internet creates a specialised set of problems which cannot always be dealt with in the traditional sense. With the development and increasing use of online trading sites, such as Trade Me, comes a whole new set of practical and legal problems.
Just as a border is not necessarily a barrier to trade, it is likewise not necessarily a barrier to pursuing a foreign entity or individual for a dispute or a debt. This article is a brief guide on matters to consider if you are faced with a cross-border dispute.
As a consumer in New Zealand, every time you purchase goods or services from a supplier in trade, the Consumer Guarantees Act 1993 (“the Act”) provides you with certain protections against the supplier of those goods or services (and possibly against the manufacturer). This article will provide a summary of the workings of the guarantees under the Act, and of the concept of extended warranties.
Parties to a dispute always focus on what needs to be decided. The parties should also focus on how the decision should be made. This article reviews the way in which the parties should go about considering whether Expert Determination is an appropriate form of dispute resolution for them.
A commonly held view is that litigation through the Courts is a lengthy and costly exercise, which can certainly be the case. This article reviews the mediation process, and its ability to resolve disputes either in conjunction with or as an alternative to Court litigation.
If you have been disqualified or suspended from driving, you may be eligible to apply for a Limited Licence, or what is commonly known as a "work licence". A Limited Licence allows you to drive for a limited purpose such as driving to and from work, during limited times and days. A court may award a Limited Licence if it is satisfied that not granting it would cause you extreme hardship or cause another person undue hardship.
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.
A High Court decision has highlighted the benefits of including an equitable mortgage in a supplier’s terms of trade.
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.
Common sense says that the first thing you should do after receiving a contract that you are being asked to sign, is to read it. You may be surprised to learn how infrequently this happens. This is especially so when the contracting parties have an established trading relationship.