Double-click to edit...
Wellington City Council v Local Government Mutual Funds Trustee Limited [2017]
A leaky apartment building in Wellington has resulted in a $10m pay-out by the Wellington City Council, due to the Council’s failure to notify its insurer within a reasonable time frame.
Read MoreBuilding (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.
Read MorePRESS RELEASE TUESDAY 12 DECEMBER 2017
Global law firm Clyde & Co and New Zealand firm, Fee Langstone, have established a 'best friends' association. The two firms will work together, refer work to one another, and undertake joint marketing initiatives across the region as part of the arrangement.
Read MoreDouble-click to edit...
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.
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.
Read MoreFollowing recent changes to the Evidence Act, the court can lift privilege for documents made in connection with settlement negotiations or mediations—if it is ‘in the interests of justice’. This novel and ongoing leaky building claim tests out the new law.
Read MoreMPI has been ordered to release details of its insurance cover to a group of kiwifruit growers who are suing it for negligence. The High Court ruled that the availability of insurance to MPI for liability for biosecurity risks is relevant to deciding whether MPI held a duty of care towards the growers.
Read MoreFor 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.
Read MoreOn 2nd November Fee Langstone staff and guests enjoyed a relaxed evening at Everybody's. Partygoers relived the golden age of air travel, featuring retro hits from band Rocking Roller-Coasters and DJ Sal Valentine. Dance troupe Porkchop entertained us with their unique mix of traditional Samoan and contemporary dance moves.
Read MoreThe 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.
Read MoreSeveral 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.
Read MoreA number of our staff made the trip down to Wellington for this year’s NZILA Conference at Te Papa.
Read MoreWhat happens when there are two concurrent causes of loss- one falling within the insuring clause and the other expressly outside it? The appeal has confirmed that where two causes of loss are effective and interdependent, the Wayne Tank principle applies, and the entire claim is excluded.
Read More"Fee Langstone has a great culture that recognises and encourages hard work but also is casual and friendly and very collegial with a real focus on people."
Read MoreIn 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.
Read MoreThis month we have moved into our new offices located on level 18 in the same building. Our new address is:
Level 18 CBL House
51 Shortland Street
PO Box 1801
Auckland 1140
"Fee Langstone has the benefit of being one of the larger litigation practices in the country while remaining a boutique and specialist law firm."
Read MoreThis case is the first successful prosecution under the new Health and Safety at Work Act 2016. The decision had been eagerly awaited by many to see how the courts were going to approach prosecutions under the new Act. However the decision is disappointing as the judge declined to make any sentencing guidelines. What this case did make clear is that fines under the new Act have increased hugely, although the ability of small businesses to pay these large fines is another matter altogether.
Read MoreThe Contract and Commercial Law Act 2017 comes into force on 1 September 2017, and with its arrival the Carriage of Goods Act 1979 will pass into history. Its provisions, fairly substantially re-written, will now be found in Part 5 of the new Act.
Read MoreDirector of Public Prosecutions v Kilsaran Concrete Limited [2017] IECA 112
A company which put the safety of its employees in jeopardy in the pursuit of increased efficiency and maximised profit has had an initial fine of €125,000 increased to €1,000,000 in the Irish Court of Appeal. This case demonstrates the increasing seriousness placed on health and safety offences in the workplace and a renewed focus on deterrence, both of which are reflective of New Zealand’s new health and safety legislation.
Read MoreAt Fee Langstone we’re experts in the field of insurance law. We are a team of skilled litigation lawyers, able to work with you to provide strategies and robust solutions, fast.
The Building Amendment Bill proposes a significant change to the way liability for defective building work is allocated in New Zealand. At the centre of the reforms is a move away from joint and several liability towards proportionate liability for building defect claims.
Birchfield v Birchfield [2026] NZCA 477 is an interesting decision commenting on the limits of costs arising from Judicial Settlement Conferences.
The High Court ordered $22,848.67 in wasted costs against a party following an unsuccessful JSC. Essentially, the Judge considered that the party had failed to engage meaningfully in the process by refusing to shift from his pre-JSC position.
A few months ago, the London Engineering Group (LEG) announced that it will be publishing revised LEG clauses later this year to provide greater clarity for the construction insurance market. The announcement follows the 2023 U.S. Federal Court decision in South Capitol Bridgebuilders v Lexington Insurance in which LEG 3 was described as “ambiguous—egregiously so” and “internally inconsistent and bordering incomprehensible”. This does not surprise us. We have encountered similar concerns with LEG 3 in the context of large construction projects in New Zealand. Despite these longstanding issues, the clause remains widely used, making the proposed revisions a welcome development.
We turned up the volume for this year’s Client Function with a night of glam rock! A fantastic night spent with clients and friends of the firm. Thanks to everyone who joined us and helped make it such a great evening.
The Star Entertainment Sydney Properties Pty Ltd v Buildcorp Group Pty Ltd [2026] NSWSC 27
The boundary between defective work and “property damage” is regularly a disputed issue in a construction insurance context. Under a liability policy, the builder’s liability for damage will ordinarily trigger the policy’s insuring clause. However, the policy will usually exclude cover for the builder’s defective work, or perhaps only provide cover to a limited extent.
The District Court has imposed fines totalling $1.104 million on Brand Developers Limited (BDL), trading as TV Shop, following convictions on 13 charges under the Fair Trading Act 1986 (FTA). The decision is a significant recent penalty judgment and provides useful guidance on how the courts assess culpability for misleading conduct affecting consumers.
The Health and Safety at Work Amendment Bill has been reported back by the Education and Workforce Committee. The Committee has recommended, by majority, that the Bill be passed with amendments.
The Bill is intended to make the health and safety regime clearer and more focused on serious risks. It does this by introducing the concept of “critical risk”, changing some duties for smaller businesses, clarifying officer and landowner responsibilities, strengthening Approved Codes of Practice, and addressing how the Health and Safety at Work Act interacts with other laws.
In Candida Trustee Co Ltd v Teak Construction Group Ltd (in liq) [2026] NZHC 1352, the High Court considered whether a claimant creditor could compel liquidators to disclose a company’s professional indemnity insurance information prior to the claim being resolved.
In contract works claims, a frequent dispute – for both insurers and insureds – is precisely where to draw the line between cover for new “damage” and excluded construction defects. The damage and defects are often interlinked and untangling the issue involves technical evidence.
Auckland
Level 18, 51 Shortland Street
Auckland 1010
Tel. +64 9 373 0050
reception@feelangstone.co.nz
Christchurch
Level 1, 83 Lichfield Street
Christchurch 8011
Tel: +64 3 371 4622
