The Companies (Directors Duties) Amendment Bill
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In early May, a Select Committee issued its report on the Companies (Directors Duties) Amendment Bill, which proposes amendments to section 131 of the Companies Act 1993.
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Contractual obligations not covered under a liability policy: Fletcher v Chubb & BHSI
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The Fletcher Construction Company Ltd v Chubb & BHSI [2023] NZHC 943
The New Zealand High Court recently looked at whether a third-party liability policy provided any cover to a head contractor for its liability to the principal under an indemnity clause in the construction contract. This decision provides helpful guidance on the applicable legal principles.
Read MoreGet to know Niamh
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Niamh Leuthart completed her Bachelor of Laws and Bachelor of Arts (Politics) at the University of Otago in December 2022. She completed the last 6 months of her degree in Ireland at the University College of Dublin. Niamh is soon to be admitted to the New Zealand High Court in 2023.
Prior to joining Fee Langstone in February 2023, Niamh gained broad litigation experience as a Law Clerk at a specialist private client firm. There, Niamh assisted on complex disputes within the Trust and Estates Team and was involved in preparing matters for the Family Court. She looks forward to working on a range of commercial litigation matters with Fee Langstone.
Read MoreGet to know Jono
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Jono Raymond recently completed a Bachelor of Laws and Commerce, majoring in Economics from the University of Otago. Jono is originally from Christchurch but has moved up to Auckland to start his professional career with Fee Langstone as a Graduate. Jono will be admitted to the New Zealand High Court in 2023. Outside of the office, Jono loves playing golf and socialising with friends and family.
Read MoreThe scope of ‘Design and Construct’ Professional Indemnity Cover
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FKP Commercial Developments Pty Ltd v Zurich Australian Insurance Ltd [2022] FCA 862
Head contractors will often assume contractual responsibility for both design and construction of a development. This remains their contractual responsibility, even if they engage consultants or subcontractors to carry out the design on their behalf.
Read MoreLife insurance: can a death benefit cover terminal illness if medical treatment provides a cure?
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Catherwood v Asteron Life Ltd [2022] NZHC 3296
The High Court has recently denied Mr Catherwood’s claim for breach of a life insurance policy for terminal illness. The Court addressed the issue of whether the definition of “terminal illness” and “terminally ill” in the policy intended to take into account the effect of available medical treatment on a person’s life expectancy. The Court held that Asteron Life Limited (Asteron) had not breached the terms of the contract of insurance by denying the terminal illness extension of the life policy, when Mr Catherwood had treatment available to him that meant he was not going to die.
Read MoreMinisterial Inquiry report into woody debris
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The Ministerial Inquiry report into woody debris (including forestry slash) and sediment in Tairāwhiti/Gisborne and Wairoa has been presented to the Government.
Read MoreFinancial advisers - Australia to remove qualification requirements
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After concern that financial advisers with extensive experience are leaving the industry, the Australian government has released a draft bill removing tertiary education requirements for them.
Read MoreWhen does time run on a contribution claim?
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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.
Read MoreEpoxy injection as a repair methodology vindicated
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Moorhouse Commercial Park v Vero Insurance [2022] NZHC 3260
The High Court has delivered its judgment in a proceeding brought by the owner of a group of industrial buildings damaged by the Canterbury earthquakes, in a decision that will be welcomed by insurers.
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.
Thomson Reuters Regulatory Intelligence: New Zealand Insurance Update
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Pauline, Hannah and Kaartik give an overview of the New Zealand Insurance sector for Thomson Reuters Regulatory Intelligence.
Read MorePromotions at Fee Langstone
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We are pleased to announce that we celebrated several very well-deserved promotions recently. Andrew Durrant moved into his new role as Special Counsel. Morgan Fee, Frances Jones and Jonathan Lewis have transitioned to Senior Associate roles.
Read MoreChambers 2023 Rankings
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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.
Get to Know Ashleigh
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Get to know Ashleigh Moana-Howard who joined the FL team in July as a Senior Solicitor.
Read MoreMarine focus: New Zealand Court of Appeal scrutinises an open cargo policy
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JDA Co. Ltd and ors v AIG Insurance New Zealand Limited [2022] NZCA 532
The New Zealand Court of Appeal has just delivered its first-ever judgment on the operation of a marine open cargo policy and, in doing so, affirmed orthodox principles taken from English law.
Read MoreFocus on directors’ duties: UK Supreme Court’s “momentous” decision on creditors’ interests
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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.
Client Function 2022
/This year marked the 25th Anniversary of Fee Langstone’s favourite movie The Castle so it was only fitting that it was the theme of our annual Client Function. It was a great night filled with mullets, ugly jumpers, a partial Pool Room and of course plenty of serenity!
Container Demurrage and Detention Charges
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With demurrage and detention have become particularly hot topics since COVID. This paper discusses some international developments in the area, some ideas for reform and also some steps that freight forwarders can take to protect themselves against clients who don’t want to pay for these costs.
Read MoreGoing straight to The Pool Room
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Partner Craig Langstone was honoured to be awarded a Lifetime Membership at the NZILA Conference held in Queenstown on 29th to 30th September. It is only the fourth Lifetime Membership awarded in the 30 or so years that the New Zealand Insurance Law Association has existed and is in recognition of many years of service to the NZILA.
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