Tag: Legal
Buyer beware principle — alive and well
The recent case of Ford & Anor v Ryan & Anor demonstrates the very real difficulties owners of properties with water ingress issues face...
Voidable transaction provisions of Act allow payment ‘clawbacks!’
A recent High Court decision involved TRC Consultants Ltd, an audio-visual componentry company, which was asked to pay back $55,000 worth of payments received...
Decision favours directors of faulty companies
Tim Bates and Francesca Collins of Auckland law firm Legal Vision reveal good news for directors as a recent High Court decision declines to...
Leaky buildings: When is a company director personally liable?
Tim Bates and Francesca Collins of Auckland law firm Legal Vision debate when a director can be found personally liable for the faults of...
High Court conflict of authorities — Construction Contracts Act 2002 and statutory demands
It had been clear law following the decision of Volcanic Investments Ltd v Dempsey & Wood Civil Contractors Ltd that a set-off or counterclaim...
Commerce Commission v Carter Holt Harvey — Fair Trading Act
A report on a decision based on the Act involving CHH
This High Court decision followed on from a successful claim the Commerce Commission brought...
Liability of the BIA and BRANZ for a leaky building — Fair Trading Act...
This month’s article focuses on a decision which considered the liability of the BIA and BRANZ to the owners of a leaky building.
The decision...
Leaky building decision — Builder 40% liable, Council 60% liable
A new District Court decision of Judge Hubble — namely Standen & Standen v Waitakere City Council & Others — has found that the...
Bergin & Bergin v North Shore City Council & Others: Individuals behind developer companies
This High Court decision concerned a townhouse in Long Bay, Auckland. The second defendants had brought a claim for summary judgment against the plaintiffs...
Appeal to the High Court of adjudicator’s determination in the WHRS — Contributory Negligence
The recent case of Hartley & Hartley v Balemi and Others concerned one of the first appeals from an adjudicator’s determination in the WHRS....