When does time run on a contribution claim?

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When does time run on a contribution claim?

Beca Carter Hollings & Ferner Limited v Wellington City Council [2022] NZCA 624

The Court of Appeal has recently upheld a High Court decision that the Building Act 10-year longstop does not apply to contribution claims against third parties. Contribution claims are instead governed by s 34 of the Limitation Act 2010. This means that time does not begin to run on contribution claims until settlement or judgment occurs.  Insurers of third parties, such as professionals or construction entities, remain potentially ‘on the hook’ for much longer than previously thought.   

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Introducing Fee Langstone’s Flood Damage Response Team

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As a result of the recent flooding and Cyclone Gabrielle weather events, Fee Langstone has assembled an experienced flood damage response team ready to assist clients with claims issues as they arise.  
 
First party property claims are a substantial part of our practice.  We were extensively involved in claims arising out of the Canterbury, Seddon and Kaikoura earthquakes.  We also have significant experience in claims arising out of fire, landslips and other natural disasters. 
 
Our flood response team comprises partners Craig Langstone, Cecily Brick and Virginia Wethey and Special Counsel Andrew Durrant.  We are ready to provide our clients with specific claims advice as well as general policy advice and claims/settlement strategy. 

Chambers 2023 Rankings

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Chambers 2023 Rankings

Chambers Rankings 2023

We are very pleased to announce that Fee Langstone was ranked once again as a Band 1 firm for Insurance in the Chambers Asia Pacific Rankings for 2023. This year marks milestones for the firm as it is our eighth ranked year. This year marks Philippa Fee's ninth year ranked for Insurance and Pauline Davies's tenth year ranked for shipping. Pauline was also a contributor to the Chambers Global Practice Guide for Shipping for 2022.

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Focus on directors’ duties:  UK Supreme Court’s “momentous” decision on creditors’ interests

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Focus on directors’ duties:  UK Supreme Court’s “momentous” decision on creditors’ interests

BTI 2014 LLC v Sequana SA [2022] UKSC 25.

On 5 October 2022, the UK Supreme Court released its long-awaited and self-described “momentous” decision considering the fiduciary duty of directors to act in good faith in the interests of the company. Specifically, this decision is the first time that the UK Supreme Court (or the House of Lords) has confirmed that directors owe a duty to consider or act in the interests of the company’s creditors if the company becomes or is at risk of becoming insolvent. In so doing, the decision has implications for directors in New Zealand.

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Indemnity focus: meaning of corrosion and resultant physical damage

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Indemnity focus: meaning of corrosion and resultant physical damage

MDS Inc v Factory Mutual Insurance Co [2021] ONCA 594

A corrosion exclusion is a common feature of many policies. In this article, we look at a Canadian decision which held that a corrosion exclusion applied to “unanticipated” corrosion at a nuclear facility, leading to a leak, which in turn led to a shutdown. But the shutdown was not resultant physical damage, so that there was no cover for the losses which resulted.

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A return to ‘normal’ - Napier City Council v Local Government Mutual Funds overturned on appeal

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A return to ‘normal’ - Napier City Council v Local Government Mutual Funds overturned on appeal

In August last year we reported on the High Court decision of Grice J in Napier City Council v Local Government Mutual Funds Trustee Limited (Riskpool). In that decision, Her Honour held that the Council was not indemnified under its professional indemnity insurance policy with Riskpool as the claim against it was in respect of both weathertightness and non-weathertightness defects. Consequently, the policy’s weathertightness exclusion clause applied to the entire claim. At the time, we commented that the decision may have come as a surprise to many in the insurance industry as it went against the approach taken by many insurers, which was to differentiate between weathertightness and non-weathertightness defects when considering indemnity. It was only when there was a defect which was caused or contributed to by an excluded peril that was excluded from cover.

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Get to know Kaartik

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Get to know Kaartik

Solicitor Kaartik Achari graduated in January 2021 with a Bachelor of Laws (First Class Honours). Prior to that, he completed a Bachelor of Commerce majoring in Marketing and Management. He was admitted to the Bar in August 2021.

Before joining Fee Langstone in 2022, Kaartik worked within the dispute resolution team of a specialist employment relations firm. Kaartik speaks fluent Hindi and worked as a Court Interpreter whilst at university. Since

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How to avoid the pitfalls and blind spots of Conflicts of Interests for Accountants

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How to avoid the pitfalls and blind spots of Conflicts of Interests for Accountants

Managing potential conflicts of interest and threats to objectivity is a fundamental requirement for chartered accountants and assurance practitioners in complying with their professional and ethical obligations. But all too often identifying and addressing conflicts of interest can be a ‘blind spot’, regardless of a practitioner’s level of experience.

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How to navigate a professional disciplinary complaint as an Accountant or Auditor

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How to navigate a professional disciplinary complaint as an Accountant or Auditor

As a qualified accountant or auditor, you are professionally bound by a Code of Ethics and professional standards that best protect and serve your clients and the public interest. But things can still happen, and it may lead to a client or third party making a professional complaint against you to Chartered Accountants Australia and New Zealand (CA ANZ), specifically NZICA.

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NSW to require psychosocial risks to be managed in the workplace

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NSW has introduced amendments to its health and safety legislation, which from 1 October 2022 requires workplaces to manage psychosocial risks. WorkSafe New Zealand has recognised these risks and has good practice guidelines in place which are summarised in these slides. We will continue to keep a watching brief on this situation and how it will evolve in New Zealand.

See - https://legislation.nsw.gov.au/view/pdf/asmade/sl-2022-551

Limitation:  the importance of searching old paper files

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Limitation:  the importance of searching old paper files

Daisley v Whangarei District Council [2022] NZHC 1372

Decisions which consider whether a defendant had a continuing duty, and the implications of that for the purposes of a limitation defence do not arise often. The High Court has recently issued such a decision, in a long-running (and high-value) litigation against a local authority. Unfortunately for the Council, a land use consent, going back to 1988, was on their paper files but not recorded in the computer files. It led to the Council overlooking the land use consent, and then prosecuting a landowner for operating a quarry in breach of a resource consent. Ultimately, it also led to the Council being liable in damages to the landowner for in excess of $4m.

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