Insight Basic rules about landslips Landslips aren’t a new phenomenon in New Zealand. But there have been catastrophic numbers of landslides in the past few weeks and they may become more common in the future. Here are some basic legal rules concerning landslips. Insurance law Christchurch. Read more
Insight Personal liability of building inspectors There is currently a trend amongst plaintiffs to commence proceedings against building inspectors personally in defective building cases. This is only appropriate in very specific circumstances. A 'normal' situation, by way of example, is this: a purchaser wants to buy a house. They employ an inspector (a builder or specific pre-purchase inspection company) to look around the house and prepare a report. This is usually to satisfy the builders inspection condition in the standard-form sale and purchase agreement. The report says that the house is in good condition. The purchasers buy the house and discover that it leaks. Read more
Insight Real estate agent complaints at an all-time low Every year, the Real Estate Authority publishes complaints data for the industry. The statistics from the July 2021 to June 2022 reporting year were released earlier this week and show that only 271 formal complaints were made to the REA last year. This is down from a high of 564 in 2015/16. Read more
Insight Assessing professional negligence Wynn Williams defends professional advisers accused of negligence in various fields, protecting clients from potential losses Read more
Insight The ‘mere conduit’ defence – passing on vendor’s documents to purchasers Real estate agents often seek to add value, help purchasers, or try to maximise the good features of a property, but they need to be very careful when making absolute assurances to purchasers even when there are reports which support their position. A recent case shows that the mere conduit defence continues to be very useful when a claim is made. Read more
Insight Undue influence – always more difficult to prove in commercial contexts Duress is making someone do something by threat or coercion. But there is an ancient line of cases concerning more subtle means of dishonestly taking advantage Read more
Insight 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
Insight 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
Insight Natural Hazards Insurance Bill Parliament has introduced the Natural Hazards Insurance Bill, which will replace the Earthquake Commission Act 1993 and overhaul EQC. Read more
Insight Insurance Contracts Bill 101 When I began practising insurance law in New Zealand back in 2012, it was apparent that the legal framework was a bit haphazard. This wasn’t a new criticism, even ten years ago. Read more