Lodge Real Estate Limited v Commerce Commission [2020] NZSC 25
The Supreme Court has recently delivered its judgment in the Trade Me/real estate agents price-fixing case, making this the final episode (on liability at least). Two Hamilton real estate agencies lost their seven-year battle against price-fixing allegations by the Commerce Commission.
Read MoreR v Southern Boundary Wines Ltd (in liq) [2020] NZHC 514
Two directors and an employee of Southern Boundary Wines Ltd (Southern Boundary) have been sentenced along with the company itself for charges under the Wine Act 2003 involving deception and selling and exporting non-compliant wines. This is the third sentencing to occur under the Act.
Read MoreIn June 2017, a fishing vessel, the Victory II, sank off Kaikōura while grossly overloaded with fish. In a prosecution brought by Maritime New Zealand, Antonio Basile, the sole director of the fishing company, Nino’s Ltd, became the first officer to be convicted and sentenced under the Health and Safety at Work Act 2015 (HSWA). Nino’s Ltd was also sentenced, as was the Victory II’s skipper, Mr McCauley.
Read MoreWorkSafe NZ v Salter [2017] NZDC 26277
In 2017, Auckland business owner, Ron Salter, and his waste fuel collection business, Salters Cartage Ltd (Salters), were convicted for a series of breaches of the Health and Safety in Employment Act 1992 and the Hazardous Substances and New Organisms Act 1996. The Police are now commencing proceedings against Mr Salter under the Criminal Proceeds (Recovery) Act 2009 (Act). This is the first time a proceeding has been brought under this Act in relation to a health and safety offending.
GDC v Aratu Forestry Ltd
This recent sentencing decision is notable for two reasons. First, because of the large fine imposed on a forestry company for breaching the Resource Management Act 1993 (RMA), and second – perhaps more interestingly – because the Court ordered the defendants to pay a significant sum in reparations to affected persons for emotional harm. While reparation payments are common for other kinds of offences, they are uncommon for convictions under the RMA. The case also raises issues such as whether a defendant is insured for reparation payments, and, if so, which insurance policy will provide cover?
Limitation periods for old insurance claims
Inicio Ltd v Tower Insurance Ltd [2020] NZHC 90
This recent High Court decision examines the effect of an acknowledgement of liability on the limitation period applying to an insurance claim.
Read MoreGeorge v Sell Smart Bis Ltd [2019] NZHC 37
Recently, the High Court decided that a claim for breach of fiduciary duty against a mortgage broker was barred under the Limitation Act 1950 (the Act). The Court applied by analogy the limitation period that applies to contractual/tortious claims. This decision is very important in clarifying the time limit which will apply to claims for breach of fiduciary duty, such as acting in a conflict of interest or failing to act honestly in the client’s interests.
Read MoreWorkplace manslaughter (also referred to as industrial/corporate manslaughter) has been an offence in the United Kingdom since 2008. Closer to home, Victoria and the Northern Territory have joined the Australian Capital Territory (ACT) and Queensland as the latest Australian jurisdictions to pass workplace manslaughter laws.
Read More2020 has brought with it exciting new changes, least of which three new staff members joining the FL team.
Read MoreShirley Chan graduated from the University of Auckland with a Bachelor of Laws (Honours) and a Bachelor of Arts, majoring in French and History. She was admitted to the bar in February 2018.
Read MoreGreg Potter completed a Bachelor of Laws and Bachelor of Commerce majoring in Management at the University of Auckland. He gained commercial dispute resolution experience at a specialist litigation firm while completing the final six months of his degrees in 2019. He joined Fee Langstone in January 2020.
Read MoreThe Legal 500 Asia Pacific 2020 rankings have just been released and we are delighted to have retained our top tier firm status for insurance.
We are very pleased to announce Fee Langstone was ranked in Band 1 for Insurance in the 2020 Chambers Asia-Pacific Rankings. Philippa Fee was named as a Notable Practitioner and was ranked as Band 1 Lawyer for Insurance. Partner Pauline Davies was also singled out as a Band 2 Lawyer for Shipping.
Read MoreFruit Shippers Ltd v Petrie and Noboa [2019] NZHC 2694
In this recent High Court decision, Chapman Tripp was restrained from acting in a proceeding where it had previously provided corporate and strategic advice to the defendants.
Read MoreCourt of Appeal upholds High Court decision on liability for cost of hiring replacement car
Frucor Beverages Limited and Ors v Blumberg and Ors [2019] NZCA 547
The Court of Appeal recently upheld the High Court decision of Blumberg v Frucor Beverages Ltd, finding that an at-fault driver (or their insurer) is liable for the cost of a not-at-fault driver’s replacement hire vehicle following a collision.
Read MoreOn Thursday 17 October, we held our annual client function. This year we had an ‘Area 51 & Other Conspiracies’ theme and enjoyed getting creative and dressing up as everything from extra-terrestrials to US military personnel. A special mention to partner Matthew Atkinson who had most of his body painted blue! It was a weird and wonderful evening and we were thrilled to see some of our clients donning handmade tinfoil hats in the spirit of the occasion. Thank you all for coming along, and we look forward to next year’s even
Read MoreIn a landmark decision, the Court of Appeal recently granted leave for a class action to be brought against government-owned settlement agency Southern Response on an opt-out basis.
Read MoreThe Construction Contracts Act 2002 (CCA) was meant to ensure money was paid, quickly and efficiently, to parties to a construction contract. But, because of recent amendment, it now represents a potential trap for design professionals to fall into.
Read MoreLast week, we at Fee Langstone took some time out of our busy days for mindfulness and self-care as part of Mental Health Awareness Week. Each day we enjoyed a different wellness activity.
FL Staff working hard at Eat My Lunch HQ
On Monday, we got a chance to showcase our culinary skills helping prepare and pack lunches with the amazing volunteers at Eat My Lunch. This business works to ensure that for every lunch purchased, one is provided to a school child. To check out their great work visit: https://www.eatmylunch.nz/
On Tuesday, a group of solicitors and support staff took some time to calm and centre ourselves with lunchtime yoga. This gave us the opportunity to slow down and relieve stress, while also reducing muscle tension.
Mindfulness Colouring (inside the lines of course!)
Wednesday was an inside kind of day, and we had fun with some mindful colouring-in. While being a pleasurable pastime in itself, mindful colouring has been shown to decrease anxiety and lessen symptoms of stress.
We braved stormy weather on Thursday lunchtime to walk the pink Lightpath. (Reports of thunder and lightning may have been greatly exaggerated.) Kit, our fantastic, fluffy Associate (pictured), led the way. If you are looking for walks around the Auckland region check out: https://at.govt.nz/cycling-walking/cycle-walking-maps/
Kit, Senior Fluff Associate
We wrapped up the week with a delicious morning tea. Taking note of what we had learned at yoga earlier in the week about balance, there were healthy treats, but balanced by not so healthy sausage rolls!
At 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.
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
