Solicitor’s Negligence—Strike out

CLEARY v EWART ([2015] NZHC 3259, 16 December 2015

The Plaintiff (C) had entered into an agreement called an Option Deed with a Fijian company, (V).   The deed gave V the option to enter into a sale and purchase agreement with C for the sale of land in Fiji if the relevant Land Trust Board approval was given.   C had no right under the Option Deed to compel the option to be exercised in its favour. 

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Limited Liability for Housemovers

Limited Liability for Housemovers

Circuit v Andrews Housemovers Limited [2015] NZDC 24886 [18 December 2015]

Mr and Mrs Circuit purchased a house in Ellerslie, to move to their own property in Tairua. They engaged the defendant, AHL, to transport the house. During the move itself, the front section of the house was completely destroyed. AHL accepted liability for the loss under the Carriage of Goods Act 1979, but said that its liability was limited by the Act to the sum of $2000—a problem that the plaintiffs were keen to circumvent because they had not followed AHL’s advice to insure the house while in transit.

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Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd

Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd

[2016] NZCA 67, 14 March 2016

The Court of Appeal’s recent decision in Prattley Enterprises Limited v Vero Insurance New Zealand Limited [2016] NZCA 67 provides welcome certainty to insurers on the issue of validity of settlement agreements.

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