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New rules governing lawyers’ behaviour are due to come into force on 1 July 2021 following recommendations by the New Zealand Law Society’s Independent Working Group.
Read MoreThe law has long recognised that where an insurer has indemnified an insured for loss caused by a third party, the insurer can sue the third party in the insured’s name to recover the amount paid. However, two recent UK decisions have discussed the question of when the terms of a contract entered into by the insured might impact on rights of recovery.
Read MoreThe Australian Financial Complaints Authority (AFCA) has recently found in favour of a business insurance policyholder whose claim for loss of perishable food stock caused by a COVID-19 lockdown was declined.
Read MoreYan v Mainzeal Property and Construction Ltd (in liq) [2021] NZCA 99
On 31 March 2021, the Court of Appeal delivered a 186-page judgment in the much-publicised and lengthy Mainzeal litigation.
Read MoreTim Daley returned to New Zealand and joined the Fee Langstone team in December 2020, where he assists with a broad range of indemnity issues and civil disputes.
Read MoreTe Tari Taiwhenua Department of Internal Affairs (DIA) has issued a formal warning to law firm Kidd Legal under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act). This is the first formal warning issued to the legal sector under this legislation.
FL's own Greg Potter gains some publicity for his big catch
Solicitor Greg Potter was featured in the NZ Herald recently as he became the third person to ever catch a marlin in a kayak. Read more about Greg's great ordeal below.
Solicitor Edith Offner joined the FL in October of last year. Prior to joining Fee Langstone, Edith practised at a specialist litigation firm where she acted on a range of commercial disputes.
Read MoreFee Langstone was ranked in Tier One for Insurance, being recognised for "depth of experience" and "well-respected" in the area. Partners Philippa Fee, Craig Langstone, Pauline Davies and Cecily Brick were listed as Leading Individuals. Virginia Wethey was also recognised as a Next Generation Partner. Matt Atkinson, Russell Stewart and Angus Wakeman were also named as Key Lawyers. Thank you to all clients who provided testimonials.
Read More IAG v Forde [2020] NZHC 3233
The defendant, Mr Forde, had his insurance claim declined following a car crash. Mr Forde and his fiancée, Ms Day, were returning home along State Highway 1, south of Dunedin. Ms Day, who held a learner licence, was driving the car whilst Mr Forde, who held a full licence, was a passenger.
Englehart CTP (US) LLC v Lloyd's Syndicate 1221 & Ors [2018] EWHC 900 (Comm)
Englehart, the insured in this UK case, claimed under an “All Risks” cargo insurance policy for loss it sustained in accepting fraudulent bills of lading for a cargo of copper ingots, where that cargo was never in fact shipped.
Read MoreChambers Rankings 2021 & NZ Law Awards
We are very pleased to announce two pleasant surprises in time for Christmas. Fee Langstone was ranked in Band 1 for Insurance Law in the Chambers Asia-Pacific Rankings 2021 with Philippa Fee as a ranked individual. Pauline Davies was also named a ranked individual in Band 2 for Shipping.
We are also delighted to have been awarded NZ Law Awards 2020 Insurance Specialist Law Firm of the Year. This year was a virtual event and all winners were asked to submit an acceptance video in lieu of attending. You can watch our rather silly one here.
Regular readers will be aware that Fee Langstone has been providing updates on the UK ‘test case’ on the business interruption response to COVID-19 related claims.
Closer to home, the New South Wales Court of Appeal has also recently handed down its decision in its own test case. It found in favour of insured businesses, ruling that insurers could not rely on certain disease exclusion clauses to deny claims for loss caused by business interruption losses from COVID-19.
Read MoreSouthern Response Earthquake Services Limited v Ross continues to throw up significant legal developments. The latest is the landmark judgment issued last month by the Supreme Court whereby it has approved the use of an “opt-out” representative action regime in New Zealand.
Also, in a significant postscript, the government has announced a “proactive package” to be offered to eligible policyholders. This article looks at both developments.
Read MoreA big congrats to Greg Potter who was admitted this month! Seen here with our own Frances Jones who acted as moving counsel.
Read MoreFee 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.
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.
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 MoreSupreme 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.
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.
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.
For anyone treating the upcoming Contracts of Insurance Act (‘CoIA’) as a box ticking exercise, the FMA’s open letter to insurers last week is a clear warning. The FMA expects insurers to be actively preparing for CoIA now, and has confirmed that implementation will form part of its ongoing monitoring and enforcement activities.
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
