2013
Supreme Court mandates disclosure of litigation funding agreements (published on 10 December 2013) The Supreme Court has imposed disclosure requirements on plaintiffs whose legal costs of pursuing the claim are covered by a third-party litigation funder.
Service of proceedings on Facebook (published on 1 December 2013) Although appellate authority is - understandably - thin on the ground, the position that emerges from recent cases in New Zealand, the UK and Australia is that posting a...
High Court confirms boat builder's right to arrest (published on 9 October 2013) In Westpark Boat Builders Ltd v The Ship “Bayliner 38", the High Court examined whether a boat builder’s right to bring in an in rem claim in the Admiralty jurisdiction a...
Fraud & Financial Crime Newsletter - October 2013 Possibly the greatest weapon in the fraud recovery kit-bag is an urgent order that can freeze assets without any warning. The High Court may make a freezing order restra...
High Court clarifies jurisdiction over New Zealand ships on high seas (published on 22 May 2013) The High Court recently clarified the extent of New Zealand's jurisdiction over New Zealand ships on the high seas in New Zealand Police v Teddy.(1)
Challenge to the Sale of New Zealand Assets: The New Zealand Māori Council and Others v The Attorney General (published on 1 May 2013) During the New Zealand 2011 general election the National Party campaigned on an economic policy that would bring about the partial sale of five state enterprises: Mighty...
2012
Owner of MV Rena convicted and fined (published on 19 December 2012) Early on October 5 2011 the MV Rena – a Liberian-flagged, Greek-owned, 235-metre container vessel – struck the Astrolabe Reef off the cost of Tauranga, a port on the Nort...
Supreme Court examines interplay of contractual and tortious liability (published on 18 December 2012) The Supreme Court's recent decision in the long-running case of Marlborough District Council v Altimarloch Joint Venture Ltd ([2012] NZSC 11) addressed the interplay...
Offshore parent companies held accountable for competition law breaches (published on 29 August 2012) In recent years the New Zealand Commerce Commission (NZCC) has increasingly sought to bring court proceedings under the Commerce Act 1986 regarding cartel conduct by part...
Supreme Court rules post-sterilisation pregnancy is personal injury (published on 14 August 2012) The Supreme Court has held that a woman who became pregnant following a failed sterilisation had suffered a "personal injury" caused by medical misadventure, for which sh...
Charges Laid in Relation to MV Rena Grounding (published on 8 August 2012) Early on October 5 2011 the MV Rena - a Liberian-flagged, Greek-owned, 235-metre container vessel - struck the Astrolabe Reef off the coast of Tauranga, a port on the Nor...
High Court extends protection for lien holders (published on 17 July 2012) A recent judgment by the High Court in its admiralty jurisdiction extended the protection afforded to lien holders when the property subject to their lien is arrested. Th...
Court's interpretation of Carriage of Goods Act casts doubt on limits of liability (published on 21 March 2012) New Zealand has a statutory regime that imposes strict liability on contracting carriers for goods carried domestically, regardless of whether the damage was caused by th...
High Court finds Ministers applied wrong test for economic benefits of major farm acquisition by overseas purchaser (published on 6 March 2012) The much publicised sale of a group of New Zealand farms to an overseas company was stalled two weeks ago by a judicial review decision of the High Court. The farms, com...
Overhaul of High Court discovery rules (published on 31 January 2012) From February 1 2012 a new set of High Court discovery rules will apply in New Zealand. The rules have been designed to reduce the often disproportionate cost of discover...
