Pets in lockdown
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How are the beloved pets of Fee Langstone coping with lockdown? We hear from some of our reporters on the ground
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Special Report: A watertight weathertightness exclusion?
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Napier City Council v Local Government Mutual Funds Trustee [2021] NZHC 1477
In November 2018, we reported on the High Court decision of Hinton J in respect of an application by Local Government Mutual Funds Trustee (Riskpool) that a claim by Napier City Council be struck out. Riskpool had sought to strike out the Council’s claim on the basis that it had no tenable claim for indemnity as the plain meaning of the policy’s weathertightness exclusion clause (Exclusion) was that a “Claim” was excluded in its entirety if it was tainted by a weathertight defect.
Neither the High Court nor the Court of Appeal were prepared to strike out the Council’s application at an interlocutory stage. As a result, the proceeding returned to the High Court for a full hearing before Grice J in July and August 2020. In a lengthy decision handed down at the end of June 2021, Grice J found in favour of Riskpool and held that both weathertightness and non-weathertightness defects were caught by the Exclusion.
Read MoreThe limits of fiduciary duties
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Claims Resolution Services Ltd v Pfisterer [2021] NZHC 1088
This proceeding arises out of a claim by Claims Resolution Services (Claims Resolution) against Ms Pfisterer for fees owing, for $93,700 (which included the legal fees paid to Grant Shand Barristers & Solicitors (GSBS)), for services it provided to assist her in resolving her insurance claim against EQC and insurance companies. Ms Pfisterer counter-claimed a breach of fiduciary duty against both Claims Resolution and GSBS, amongst other claims, and argued that no money was owing. The High Court found against most of her claims, as there were no conflict or loyalty issues at stake.
Read MoreCourt upholds contractual limitation of liability clauses
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CBL Insurance Ltd (Liq) v Harris [2021] NZHC 1393
The High Court has recently confirmed in the context of a strike out application the enforceability of exclusion and limitation of liability clauses commonly found in the standard terms of engagement of professional services firms.
Insurance Business NZ's 5-Star Insurance Law Firms and Lawyers 2021
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We are honoured to have been named in the 5-Star Excellence Awards for the Insurance Law Firm category. Fee Langstone's own partners Philippa Fee, Cecily Brick & Craig Langstone were also named in the Insurance Lawyer category of the awards.
Read MoreThe end of the Feltex litigation
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Houghton v Saunders [2021] NZSC 38
A recent decision by the Supreme Court has brought an end to a long-running saga through the New Zealand courts. Commenced in 2008, a class action suit of some 3,600 shareholders has rolled on against the directors of Feltex Carpets Limited (Feltex) and its (former) private equity owner, Credit Suisse, for thirteen years.
Read MoreContribution claim against third parties for negligence not barred by the 10-year longstop period in the Building Act
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BNZ Branch Properties Limited v Wellington City Council [2021] NZHC 1058
The High Court has recently ruled that a contribution claim by a defendant against third party engineers was not time-barred by the 10-year longstop period in the Building Act 2004.
Read MoreLocation of insurer imperative to s 9 LRA claim
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Livingstone v CBL Corporation Ltd (in liq) [2021] NZHC 755
The High Court has recently issued a decision in the CBL litigation which concerned the territorial ‘location’ of a charge under s 9 of the Law Reform Act 1936 (the LRA). In so doing, the Court reinforced the necessity of using the correct procedure for any jurisdictional challenge.
Read MoreCh-ch-changes! More emphasis on tackling bullying and harassment in rules governing lawyers’ behaviour
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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 MoreTerms of contracts prevail over rights of subrogation
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The 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 MoreFood for thought – leaving perishable food stock out of freezer is a “sudden, unexpected or unintended” loss
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The 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 MoreCourt of Appeal confirms Mainzeal directors’ liability, but refers case back to the High Court to determine extent of damages
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Yan 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 MoreGet to know Tim
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Tim 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 MoreFirst formal warning under the AML/CFT Act in the legal industry
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Te 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.
Greg's making waves
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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.
Get to know Edith
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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 MoreLegal 500 Rankings
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Fee 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 MoreClient Appreciation Evening 2021
/We were very pleased to be able to just get in our much anticipated Client Appreciation Evening right before Auckland went back into lockdown. Somewhat ironically this year's theme was all about reflecting on 2020 and bidding it farewell!
Fall asleep and pay the price
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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.
No coverage under all risks marine policy for losses resulting from fraudulent shipment
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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.
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