Insight Supreme Court clarifies key principles in misstatement cases The Supreme Court’s recent decision in Routhan v PGG Wrightson Real Estate Ltd [2025] NZSC 68 provided critical guidance on how damages are assessed in negligent misstatement cases under New Zealand law. The Court clarified that recoverable loss is not determined solely by causation and remoteness, but also by examining the ‘scope of duty’ (whether the loss relates to a risk the defendant fairly assumed responsibility for). The decision refined the influential principles from South Australia Asset Management Corp v York Montague Ltd [1997] AC 191 (HL) (SAAMCO) and will be of particular interest to professionals whose advice may influence another’s decision-making. Read more
Insight Construction update: Construction Contracts (Retention Money) Amendment Act 2023 Decoded Get ready for the Construction Contracts (Retention Money) Amendment Act 2023, effective October 5. Ensure compliance with these changes. Read more
Insight When you know you’re out of time The Court of Appeal in Rea v Auckland Council [2024] NZCA 313 dismissed an appeal regarding the strike out of claims under the Limitation Act 2010, clarifying the application of "late knowledge" in determining when a claimant is deemed to have sufficient knowledge to bring a claim. The case emphasized that claimants cannot ignore obvious facts that would prompt a reasonable person to investigate their legal rights. Read more
Insight Retentions in the construction industry – more problems and a possible fix? NBR covers Decmil NZ and Downey Construction cases on the Construction Contracts Act retention regime. Read more