Be warned about trading on if your company is nearly insolvent
Timothy Bates of Auckland law firm Legal Vision reviews a Supreme Court decision focusing on company directors’ responsibility under the Companies Act 1993.
This article...
The LBP scheme — what sort of liability exposure will accompany it?
The Licensed Building Practitioner scheme comes into force on March 1, 2012. In broad terms the scheme was set up with the aim...
Earthquake reports and negligent misstatement
Timothy Bates and Sabine Boyd of Auckland law firm Legal Vision discuss a case dealing with negligent misstatement in a report concerning the earthquake...
High Court considers negligence and misleading conduct for supply of building materials and specifications
By Tim Bates and Sabina Boyd, Legal Vision
In the High Court decision of Urlich v Far North District Council and others (“the council”), the...
Judicial review of CCA determinations rare
By Timothy Bates, Legal Vision
In this month’s article I wish to review the decision of Anderson & Another v Swindells & McDowall Renovations Ltd,...
Joint and several liability — should it be replaced with proportionate liability?
By Timothy Bates of Auckland law firm Legal Vision
In this month’s article I wish to discuss a long-standing debate as to whether the current...
High Court considers council negligence for fallen tree in Queenstown
By Timothy Bates and Sabina Boyd, Legal Vision
In the High Court decision of Plaza Investments Ltd (“Plaza”) v Queenstown Lakes District Council (“the council”),...
Independent building certifiers
McNamara, in their capacity as trustees, purchased a house in Remuera, Auckland, just after it had been built in 2004. The house leaked. ...
Construction Contracts Act 2002 — Are resubmitted invoices capable of being payment claims?
This decision was a claim that started as a summary judgment application in the District Court where summary judgment was declined. It ended up...
The CCA 2002 — Payment Schedules need to indicate how the scheduled amount was...
This claim ended up in the High Court as a result of judicial review proceedings issued by Manchester Industrial Holdings Ltd alleging errors of...