Show me the money: enforcing court orders for debt payment Those owed money under a contract or because of a civil wrong are often quick to pursue the debtor for their loss. They may take their case to Court and obtain a judgment which confirms a debtor must pay. However, a successful creditor may not automatically receive the money owed, as the debtor might be insolvent or simply refuse to pay. Read more
Decision highlights need for effective limitation of liability clauses Engineers and their insurers can breathe a sigh of relief following the High Court’s recent decision. The Court determined as a preliminary issue that the defendant engineers could rely on their contractual limitations of liability to limit any liability they have to Tauranga City Council (TCC) as the owner of non-residential building. Read more
Fellowship awarded to Wynn Williams Partner Wynn Williams' Partner Rebecca Saunders has been awarded Fellowship in Arbitration by the Arbitrators' and Mediators' Institute of New Zealand (AMINZ). Read more
One law, many cultures New Zealand is a melting pot of multiple cultures and ethnicities. Last week the Supreme Court provided timely judicial guidance for how to navigate different cultural influences in Deng v Zheng. Read more
A lawyer’s duty of respect and courtesy Lawyers in most jurisdictions have obligations to behave professionally and treat others with courtesy and respect. A barrister in London was recently found to have breached these obligations due to her behaviour in court. Read more
Fair and reasonable fees A lawyer’s obligation to charge fair and reasonable fees goes beyond just looking at the total figure. To avoid “bill shock,” there should be a no surprises relationship with clients, so communication is key. Read more
The impact of COVID-19 on performance of contracts The spread of COVID-19 and government measures in response are affecting supply chains and the ability of businesses to perform their contracts. Read more
Affidavits of documents in multi-party litigation: Court of Appeal provides welcome guidance James Hardie litigation: Alleged defects in cladding products caused moisture ingress and damage. Read more