Congrats Greg
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A big congrats to Greg Potter who was admitted this month! Seen here with our own Frances Jones who acted as moving counsel.
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We're feeling the love
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Fee Langstone has awarded a Corporate Intl Magazine Global Award for Maritime Law Firm of the Year in New Zealand - 2021. Partner Pauline Davies was also recognised as an expert in the awards.
In more good news, Fee Langstone is a finalist for New Zealand Law Awards Insurance Specialist Law Firm of the Year.
Get to know our Special Counsels
/We've had some exciting changes to our team at Fee Langstone. In particular the appointment of three Special Counsels. Watch Angus, Brad and Tom share their thoughts on their new role and their careers.
WorkSafe’s non-prosecution decisions under scrutiny
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Ministry of Workplace Relations and Safety, Andrew Little, has ordered WorkSafe to seek external legal advice from Crown Law or Crown Solicitors whenever a Coroner recommends that WorkSafe consider a prosecution or reconsider its decision not to prosecute.
Read MoreSolvency the key
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Supreme Court decision a warning to directors trading near-insolvent companies
Madsen-Ries v Cooper [2020] NZSC 100
Debut Homes Limited (Debut) was a property developer. Mr Cooper is Debut’s sole director. In November 2012, Mr Cooper decided to wind down Debut’s operations. Existing developments would be completed but no new developments undertaken. At the time this decision was made, it was forecast that there would be a deficit of over $300,000 in GST once the wind-down was completed. The liquidators of Debut sued Mr Cooper. They claimed that he incurred debts on behalf of Debut without a reasonable belief that Debut would be able to meet them when they fell due, in breach of ss 135 & 136 of the Companies Act 1993 (the Act),. The liquidators claimed the full amount of unsecured creditor claims, being $449,507. The High Court found that Mr Cooper had breached the above provisions. This decision was reversed in the Court of Appeal but was later reinstated by the Supreme Court.
Client Function Announcement
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We have made the tough choice to postpone our Client Function for this year. 2020 marked Fee Langstone’s 5th birthday and it has been the kind of year to make you want to let loose with a much-needed party. Unfortunately, for the sake of everyone’s health and safety we’ve decided to postpone our celebrations to early 2021. We look forward to seeing you all next year and shaking off the lockdown cobwebs.
Read MoreInsurer’s duty not to mislead: The Court of Appeal’s decision in Dodds
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Southern Response v Dodds [2020] NZCA 395
The Court of Appeal has recently delivered its judgment in the appeal from the High Court decision. The Court upheld the High Court’s finding that Southern Response was liable for misrepresentation, misleading and deceptive conduct, and breach of an implied duty of good faith.
Read MoreThe final stage in the real estate price-fixing saga: Penalty
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Commerce Commission v Lodge Real Estate Limited [2020] NZHC 2329
In our April blog we summarised the effect of the Supreme Court’s decision in the Trade Me/real estate agents price-fixing saga. On dismissal of the real estate agents’ appeal, the Supreme Court referred the matter back to the High Court for determination of the penalty to be paid by Lodge Real Estate and Monarch Real Estate.
Brad & Angus promoted to Special Counsel
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The partners are very pleased to announce that Brad and Angus have been promoted to the new role of Special Counsel. Brad has been with the firm 12 years, and Angus since 2014. These promotions recognise their experience and the high regard in which they are held by the partners. We would like to wish them both continued success, and to thank them for their valuable contribution to the continued success of the firm.
Read MoreBI Covid-19 test case decision released
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As regular readers know, Fee Langstone has been providing updates on the UK “test case” on the Business Interruption response to Covid-19 claims as the case has proceeded through the Court.
To recap, the United Kingdom Financial Conduct Authority (FCA) had brought the Covid-19 “test case” with the aim of bringing clarity to areas of uncertainty for as many policyholders and insurers as possible. A sample of twenty-one policy wordings issued by eight insurers was considered, with the FCA putting forward policyholders’ arguments in the public interest.
Read More$7.5m in penalties for serious anti-money laundering breach
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Dept of Internal Affairs v OTT Trading Group Ltd [2020] NZHC 1663
In this decision, the Department of Internal Affairs (the Department) claimed that between May 2014 and April 2019, OTT Trading Group (OTT) and MSI Group Limited (MSI) breached their obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the Act).
Project orders – not an easy way out
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Maritime New Zealand v Fullers Group Ltd [2020] NZDC 10157
The lesser known alternative to a traditional fine given under the Health and Safety at Work Act 2015 (HSWA) is the use of health and safety project orders.
Read MoreFirst ever court-ordered enforceable undertaking
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In yet another instance of a non-financial sanction given under the Health and Safety at Work Act 2015 (HSWA), a court-ordered enforceable undertaking pursuant to s156 of the HSWA has been imposed for the first time in New Zealand, instead of a traditional fine.
Read MoreGet to know Morgan
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After two years in Melbourne, Associate Morgan is back in Auckland and ready to take on new challenges at FL.
Read MoreGet to know Imogen
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We are delighted to welcome back Senior Solicitor Imogen Allan to the FL team.
Read MoreFirst workplace manslaughter in Australia
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R v Brisbane Auto Recycling Pty Ltd & Ors [2020] QDC 113
In our February 2020 issue of In Brief, we discussed how two further Australian jurisdictions (Victoria and the Northern Territory) had passed workplace manslaughter laws. Now, Australia has had its first workplace manslaughter sentence. The sentence was imposed in Queensland, pursuant to workplace manslaughter laws, which have been in force since 2017 following an amendment to Queensland’s Workplace Health and Safety Act 2011.
Read MoreCrown immune from liability for Psa outbreak
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Attorney-General v Strathboss Kiwifruit Limited [2020] NZCA 98
In this recent decision, the Court of Appeal found that the Crown was immune from liability to kiwifruit growers and post-harvest operators in negligence for granting an import permit for a consignment of kiwifruit pollen from China and for not inspecting those goods when they arrived in New Zealand. Further, even if the immunity had not been made out, the Court found no duty of care in any event.
Clarifying fiduciary obligations in a joint venture arrangement
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Daisley v Ark Contractors Limited [2020] NZHC 793
Fee Langstone was recently involved in a High Court trial which has shed light on the fiduciary duty that arises from a joint venture arrangement. It also usefully affirms the requirement that there be a contract of retainer or assumption of responsibility to a party involved in a transaction before a lawyer will owe fiduciary duties to that party.
Read MoreCovid-19 Test Case to Proceed Urgently
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UK Financial Conduct Authority to bring COVID-19 test case for business interruption claims
The COVID-19 pandemic has been a hugely significant worldwide event. The pandemic and subsequent government controls have caused many businesses – in particular SMEs – distress and substantial losses. Most claims for COVID-19-related business interruption (BI) losses have been excluded in New Zealand because BI policies here generally do not cover losses resulting from pandemics. This is not always the case in other parts of the world.
The Final Word on Detention and Demurrage in the United States?
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The Federal Maritime Commission recently released its final interpretive rule concerning the reasonableness of detention and demurrage charges. The FMC’s announcement is a response to complaints of shippers, freight intermediaries and truckers of being penalised with unreasonable demurrage and detention charges by ocean carriers and terminal operators.
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