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Civil litigation results

Additional fire safety defects not struck out as a new cause of action

Body Corporate 346799 v KNZ International Co LTD - BC201661516 is a recent strike out decision of Palmer J. The Court considered whether the inclusion of additional defects in defective building proceedings amounted to a new cause of action. If they were found to be a new cause of action, as opposed to mere further particulars, their inclusion would be time-barred. ..

Case Summary - Blocking injunctions for ISPs]

The England and Wales Court of Appeal (EWCA) has upheld a High Court decision granting injunctions, referred to as website-blocking orders (the orders) against a number of internet service providers (ISPs) in the UK, requiring those ISPs to block access to a number of websites accused of selling counterfeit luxury goods. ..

A Step Forward for Faulty Cladding Claims

The Education Minister has won again in its faulty cladding case against Carter Holt Harvey.

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Insurer Can Reopen Settlement to Revive an Allegation of Fraud – UK Supreme Court

In Hayward v Zurich Insurance Company plc [2016] UKSC 48 (27 July 2016) the United Kingdom Supreme Court ruled that an insurer which had settled a claim could revive it if the claim was fraudulent. Lord Clarke, delivering the leading judgment, ruled “I am not persuaded that the importance of encouraging settlement, which I entirely agree is considerable, is sufficient to allow Mr Hayward to retain moneys which he only obtained by fraud.” ..

Unambiguous impropriety exception to mediation privilege

The importance of protecting without prejudice communications has recently been emphasised by our Court of Appeal (see: Court of Appeal underscores sanctity of “without prejudice” privilege), but clear cases of abuse of the privilege will not be protected. Ferster v Ferster and others [2016] EWCA Civ 717, in which the UK Court of Appeal held that the without prejudice rule had no application in circumstances of “unambiguous impropriety”, illustrates the point. ..

Court of Appeal underscores sanctity of “without prejudice” privilege

In the recent case of Minister of Education v Reidy McKenzie Limited [2016] NZCA 326, the Court of Appeal has rejected efforts by the Minister of Education (the Minister) to rely on financial accounts acquired by her in the course of settlement negotiations with Reidy McKenzie Limited (RML). ..

Supreme Court makes significant ruling on rights of contribution

The Supreme Court recently handed down its judgment in the case of Hotchin v The New Zealand Guardian Trust Company.

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Law firm says it has more than 500 potential claimants for leaky homes class action against James Hardie

Law firm Parker & Associates says it now has more than 500 potential claimants for its leaky homes lawsuit against James Hardie Industries, transforming the case into a class action against the maker of Hardiflex cladding. ..

Responses to questions raised by HOBANZ

We respond to questions raised by HOBANZ in relation to class actions against cladding manufacturers. The questions are not specific to the Cladding Action but we thought it appropriate to provide our comments. The Cladding Action does not have or require a litigation funder. The Cladding Action is owner funded and self-determining.  ..

Court grants the Kiwifruit Claim leave to proceed with representative action with a litigation funder

Parker & Associates acts for the kiwifruit growers and the post-harvest operator, Seeka Kiwifruit Industries Limited, in their claim against the Attorney-General (on behalf of the Ministry for Primary Industries), which alleges that employees of MAF (now MPI) were negligent in carrying out biosecurity functions leading to the outbreak of the virulent form of the bacteria Pseudomonas syringae pv actinidiae (known as Psa-V) into New Zealand in 2010 and resulting losses.  ..