Be warned about trading on if your company is nearly insolvent

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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?

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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

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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

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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

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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?

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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

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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

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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?

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  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...

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This claim ended up in the High Court as a result of judicial review proceedings issued by Manchester Industrial Holdings Ltd alleging errors of...