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  • Article

    Statutory demand set aside on appeal

    A High Court judgment and a statutory demand for outstanding claims for landscaping work on a development were set aside.
    New ZealandLitigation, Mediation & Arbitration
    Wynn Williams
    Wynn Williams
  • Article

    A new weapon in the particulars toolbox - for inadequately drafted pleadings in defective building/construction claims

    This decision certainly provides a new tool for defendants and third parties facing broad and imprecise pleadings.
    New ZealandReal Estate and Construction
    Duncan Cotterill
    Duncan Cotterill
Article

New Zealand - New Practice Guidelines For Claims Directed To Methods Of Medical Treatment Of Humans & Swiss-Style Claims

The Intellectual Property Office of New Zealand (IPONZ) has recently issued amended guidelines for the examination of claims directed toward both methods of medical treatment of humans and second medical use claims.
New ZealandIntellectual Property
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers
  • Article

    Supreme Court puts foot down

    Even where decisions contain errors these alone will not give rise to a right of further appeal in the Supreme Court.
    New ZealandLitigation, Mediation & Arbitration
    Cavell Leitch
    Cavell Leitch
  • Article

    Welcome changes in the District Court claims process

    The changes in the District Court claims process reverse reforms introduced in 2009 which have proven to be unsuccessful.
    New ZealandLitigation, Mediation & Arbitration
    Cavell Leitch
    Cavell Leitch
  • Article

    In-house counsel and litigation cost recovery

    This decision was a significant departure from current authority and could carry large implications for in-house counsel.
    New ZealandLitigation, Mediation & Arbitration
    Chapman Tripp
    Chapman Tripp
  • Article

    Show me the money...recovering litigation costs

    Even if a plaintiff is a successful litigant, it will rarely recover all the money it has spent on achieving its goal.
    New ZealandLitigation, Mediation & Arbitration
    James & Wells Intellectual Property
    James & Wells Intellectual Property
  • Article

    Antitrust Alert: New Zealand Authorities Impose Fine For Real Estate Agency Price Fixing

    In July 2013, Trade Me announced it would move away from its subscription-based pricing model and would instead charge $159 for each property listed.
    New ZealandAntitrust/Competition Law
    Jones Day
    Jones Day
  • Article

    Comply with your discovery obligations or face the consequences

    A recent US appeal court decision – where a firm was stripped of a positive US$400 million verdict because it had destroyed documents unhelpful to its case – provides a useful reminder to New Zealand businesses that their discovery obligations may arise earlier than they think and that they need to have robust systems in place.
    New ZealandLitigation, Mediation & Arbitration
    Chapman Tripp
    Chapman Tripp
  • Article

    New Zealand Supreme Court Releases Smith v Fonterra & Ors Decision On Novel Climate Change Claims

    In a unanimous judgment, the Supreme Court of New Zealand has overturned the Court of Appeal's decision, which struck out Mr Smith's three tortious claims against seven corporate defendants.
    New ZealandLitigation, Mediation & Arbitration
    Travers Smith LLP
    Travers Smith LLP
  • Article

    Reinsurers Watching Earthquake Litigation In The Wild South

    You should read this if you are handling an insurance or reinsurance claim arising from the New Zealand earthquakes.
    New ZealandInsurance
    Berwin Leighton Paisner LLP
    Berwin Leighton Paisner LLP
  • Article

    Law Commission on the commercial list and judicial specialisation

    The Law Commission is reviewing the commercial list and judicial specialisation in a review of the NZ court system.
    New ZealandLitigation, Mediation & Arbitration
    Chapman Tripp
    Chapman Tripp
  • Article

    Law Commission review of the court system

    The creation of a dedicated commercial court is one of the ideas in the Law Commission's review of the NZ court system.
    New ZealandLitigation, Mediation & Arbitration
    Chapman Tripp
    Chapman Tripp
  • Article

    High Court decision on health and safety sentencing released

    The High Court released its decision on sentencing appeals in the District Court for health and safety prosecutions.
    New ZealandEmployment and HR
    Duncan Cotterill
    Duncan Cotterill
  • Article

    Redundancy – Getting It Right

    In the past six months the Employment Relations Authority and the Employment Court have issued several decisions about redundancy. The prevalence of redundancy cases serve as a timely reminder that a redundancy must be justified and carried out in a procedurally fair manner.
    New ZealandEmployment and HR
    Brookfields
    Brookfields
  • Article

    Defective earthquake repairs: successful appeal of Robin v IAG: joinder of parties to the proceeding

    The case confirmed the underlying rule of joinder of parties as the "pragmatism of avoiding a multiplicity of hearings".
    New ZealandLitigation, Mediation & Arbitration
    Wynn Williams
    Wynn Williams
  • Article

    Debtor delays – strategic considerations on debtor appeal

    If the debtor decides to appeal your money judgment, in most cases you should continue to take enforcement steps.
    New ZealandLitigation, Mediation & Arbitration
    Wynn Williams
    Wynn Williams
  • Article

    Here's A HINT – There Is A High Evidentiary Burden In NZ TM Oppositions Based Upon Reputation

    In The Premium Liquor Co. Limited v Hint, Inc. [2021] NZIPOTM 24 (30 August 2021) the Assistant Commissioner of Trade Marks rejected Hint, Inc's (Hint) opposition to registration of The Premium Liquor Co. Limited application ...
    New ZealandIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Reform of judicial review receives Royal Assent in the UK

    A question that may come up is whether similar judicial review reforms and amendments are also needed in New Zealand.
    New ZealandLitigation, Mediation & Arbitration
    Duncan Cotterill
    Duncan Cotterill
  • Article

    Court of Appeal rules that leaky building claims against James Hardie can proceed

    Claimants alleged that JH building products were defective, not watertight, and did not comply with building standards.
    New ZealandLitigation, Mediation & Arbitration
    Duncan Cotterill
    Duncan Cotterill
  • Showing 1–20 of 30 results

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