Building (Earthquake-prone Buildings) Amendment Act 2016

Building (Earthquake-prone Buildings) Amendment Act 2016

Building (Earthquake-prone Buildings) Amendment Act 2016

The Building (Earthquake-prone Buildings) Amendment Act 2016 which came into force on July 1, 2017 brings radical changes to the methodologies by which local councils, engineers and building owners will carry out assessments and deal with earthquake-prone buildings.  These changes are limited to commercial buildings and residential buildings that comprise of two or more stories and three or more household units.

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Fee Langstone ranked in Top Tier


The Legal 500 Asia Pacific 2018 rankings were announced last week and Fee Langstone is delighted to have been ranked as a Top Tier Firm for Insurance.  Philippa Fee and Craig Langstone are listed in the elite "Leading Lawyers" list, The Legal 500 Asia Pacific 2018's guide to outstanding lawyers in Asia Pacific.
Virginia Wethey is listed in the "Next Generation Lawyers" list, recognising up-and-coming lawyers.
 

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UK Supreme Court Makes Dishonesty Ruling on High Stakes Gambling Case

UK Supreme Court Makes Dishonesty Ruling on High Stakes Gambling Case

When Mr Ivey won £7.7m at Crockfords casino over three consecutive nights, he could not believe his luck. However, the painstaking techniques Mr Ivey had used to win such a huge sum were called into question when the casino refused to pay out, claiming he had cheated. The UK Supreme Court determined that Mr Ivey had indeed cheated and took the chance to transform the test for dishonesty in criminal law and confirm the test for civil actions.

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Limitation periods – the crucial question of when tax liability arises

Limitation periods – the crucial question of when tax liability arises

For negligence cases initiated near the tail end of a limitation period, determining the ‘date of loss’ is often crucial. In this recent case concerning negligent tax advice, the Supreme Court considered whether a vendor’s income tax liability arose the moment they entered into an unconditional agreement to sell land, or only once settlement occurred.

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Supreme Court Introduces Uncertainty to Litigation Funding

The Supreme Court has issued its judgment on a challenge, based on champerty principles, to the arrangements put in place by a litigation funder to fund an action against auditors and directors. In so doing it has introduced uncertainty to the law surrounding litigation funding, and potentially opened up new avenues by which such arrangements may be challenged in future.

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Defective Product: Holding Company’s duty to warn consumers

Defective Product: Holding Company’s duty to warn consumers

Several hundred leaky building owners are claiming that companies in the James Hardie group have breached their duty to warn, inform and/or to take reasonable steps to withdraw defective cladding products. Two holding companies, not involved in the manufacturing process, applied for summary judgment to strike out the claim, but the Court has found the building owners have an arguable case.

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Assigning the Right to an Insurance Claim

Assigning the Right to an Insurance Claim

In post-earthquake Christchurch, it is not uncommon for a vendor of an earthquake-damaged property to sell the property without carrying out repairs and purport to assign to the purchaser the right to claim under the property’s material damage insurance policy.  A recent High Court decision has provided welcome clarification as to whether such an assignment operates to assign a right to full replacement of the house, or just the indemnity value. 

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