The roll-out of two Let’s Get Wellington Moving projects have recently been the subject of interim injunction proceedings. Although both cases were similar in subject matter and subject to the same statutory test, they produced opposite results.
Stuart Dalzell and James Wollerman announce that Lina Worthing has been made a Senior Associate effective from 1 April 2022.
When Pablo Escobar says, “Silver or lead, you decide,” the implication is clear: take the deal or else. But the difference between commercial pressure and duress is often subtle. A recent UK Supreme Court case clarifies the test for ‘lawful act duress’.
Claims between employers and employees which may previously have been pleaded as a claim in tort and heard in the ordinary courts must now be determined in the Employment Relations Authority (ERA). This is the result of the recent judgment of the Supreme Court in FMV v TZB  NZSC 102.
The NZ Supreme Court has re-examined the material that a court can consider when interpreting a written contract and the circumstances in which terms may be implied into contracts. Stuart Dalzell, Partner and Sophie Barnao, Law Clerk look at the decision
A seller who misrepresented the condition of the property has been ordered to return the $120,000 deposit and pay damages, interest, and expert and legal costs to a buyer misled about its weathertightness problems and history of repair work.
On 20 April 2016 Jayden Rickard-Simms suffered a serious head injury in a workplace accident at Grenada North near Wellington. Jayden was in intensive care for 14 days following the fall and is still affected by it. In April 2018, Jayden brought a private prosecution against ENGIE, Hall’s Refrigerat
The High Court has heard an increasing number of cases in recent years relating to claims in misrepresentation for the sale and purchase of “leaky homes”.
The recent Auckland High Court decision of Tian v Zhang & Ors  NZHC 2231 provides an interesting insight into how a “dowry” or “bride price” might be reclaimed under New Zealand law where the parties split before they get the chance to head down the aisle.
Tower Insurance Limited v Nicon Limited  NZCA 332 raised two fundamental issues relating to a Heads of Agreement (which may also be known as a terms sheet, memorandum of understanding (MOU), letter of intent (LOI), or similar).
Whether vendors should be liable for innocent misrepresentation and undiscovered weathertightness defects in the sale of existing homes is a controversial question currently eliciting differing responses in the Courts.
Parker and Associates is pleased to announce the appointment of James Wollerman as partner, effective 10 September 2018.