2010
Forum non conveniens considerations in admiralty in rem proceedings (published on 15 December 2010) The High Court recently dismissed(1) an application for stay of in rem proceedings brought under its maritime jurisdiction on the basis that the applicant had not establi...
The new Limitation Act: limitation in admiralty proceedings (published on 24 November 2010) In Ladd v Carr(1) the High Court confirmed that the statutory two-year limitation period for claims arising out of vessel collisions applies whenever the proceeding is on...
Transformation from Repudiation to Cancellation - Court of Appeal analysis (published on 12 November 2010) When a contractual relationship breaks down it is not always entirely clear whether the contract has been validly cancelled, or by whom. This difficulty was exemplified...
High Court rules in Supreme Court judge conduct case (published on 26 October 2010) In July 2010 a judicial conduct panel was appointed, on the recommendation of the judicial conduct commissioner, to inquire into certain conduct by a judge of the Supreme...
High Court rules in Supreme Court judge conduct case (published on 26 October 2010) In July 2010 a judicial conduct panel was appointed, on the recommendation of the judicial conduct commissioner, to inquire into certain conduct by a judge of the Supreme...
Judicial challenge to inquiry into conduct of Supreme Court judge (published on 7 September 2010) A judge of the Supreme Court, New Zealand's highest court, has brought a legal challenge to an inquiry into his conduct. The inquiry could result in a recommendation...
Use of Evidence of Prior Negotiations in Contract Interpretation (published on 17 August 2010) In Vector Gas Limited v Bay of Plenty Energy Limited(1) the Supreme Court considered the use of evidence of prior negotiations in contract interpretation. It was the cour...
Tasman Pioneer: Supreme Court rules on carrier's responsibility for loss (published on 5 May 2010) In April 2009 the Court of Appeal ruled on the interpretation of the exemption of liability in Article IV, Rule 2(a) of the Hague-Visby Rules in Tasman Orient Line CV v N...
Supreme Court rules on carrier status under Carriage of Goods Act (published on 13 April 2010) On December 22 2008 the Court of Appeal rendered a majority decision in Ports of Auckland v Southpac Trucks with implications for all parties performing carriage in New Z...
Supreme Court rules on carrier status under Carriage of Goods Act (published on 13 April 2010) On December 22 2008 the Court of Appeal rendered a majority decision in Ports of Auckland v Southpac Trucks with implications for all parties performing carriage in New Z...
2009
Who Is the Master? Court of Appeal Rules on Duty to Report Accidents (published on 18 November 2009) Section 31 of the Maritime Transport Act 1994 provides that the master of a ship must notify Maritime New Zealand, the national maritime safety authority, as soon as is p...
High Court's reminder: remedies for judicial review claims are discretionary (published on 27 October 2009) In Right to Life New Zealand Inc v The Abortion Supervisory Committee (No 2)(1) the High Court refused to grant declaratory relief to a judicial review claimant despite h...
Supreme Court clarifies Commerce Commission's information-gathering powers (published on 20 October 2009) The Supreme Court has recently clarified the circumstances in which New Zealand's competition regulator, the Commerce Commission, can exercise its information-gatheri...
Email Chains: Discovery Obligations (published on 1 September 2009) In Todd Pohokura Ltd v Shell Exploration NZ Ltd(1) the High Court considered the discovery obligations of parties to litigation with regard to the correct treatment of em...
Email Chains: Discovery Obligations (published on 1 September 2009) In Todd Pohokura Ltd v Shell Exploration NZ Ltd(1) the High Court considered the discovery obligations of parties to litigation with regard to the correct treatment of em...
Security Interests in Ships (published on 26 August 2009) Purchasers and mortgagees of ships in New Zealand should be aware that New Zealand has two registers in which security interests over ships can be registered: one under t...
Is Master's Outrageous Conduct an Act in the Navigation and Management of a Ship? (published on 1 July 2009) On April 9 2009 the Court of Appeal decided, by a majority, that a master's "outrageous conduct" did not come within the carrier's exception of liability under Ar...
High Court Allows Service of Proceedings on Facebook (published on 19 May 2009) On March 16 2009 the High Court ruled that substituted service could be made on a defendant overseas on the social networking website Facebook, as newspaper advertising c...
High Court Procedural Rules Revised (published on 24 March 2009) On February 1 2009 a new set of High Court procedural rules came into effect. Although there are relatively few substantial changes, the significant amendments for intern...
High Court Applies Anti-spam Law (published on 10 March 2009) In Chief Executive Department of Internal Affairs v Atkinson,(1) the first case of its kind, the High Court imposed a penalty of NZ$100,000 on an individual for being an...
Indefeasibility of Title and the Problem with All-Obligations Mortgages (published on 27 January 2009) The case concerned a sophisticated fraudster who assumed the identity of an unsuspecting property owner, Ms Fenech. In exchange for a loan of NZ$184,000 by Westpac, the f...
High Court Rules on Conflict between Official Information Act and Privacy Act (published on 1 January 2009) Published January 2009
