News

The evolving jurisdiction of the Employment Relations Authority
12
October
2021

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 [2021] NZSC 102.

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Contract interpretation: ‘the rule’ against the use of prior negotiations and subsequent conduct
28
September
2021

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

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Legal Update - Property misrepresentation claims - Anderson v De Marco
17
February
2021

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.

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Rickard-Simms – Private Prosecution
7
September
2020

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

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Shen v Ossyanin (no. 2) – Relief granted for a pre-sale mistake as to weathertightness
18
March
2020

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”.

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Reclaiming a dowry under New Zealand law
9
October
2019

The recent Auckland High Court decision of Tian v Zhang & Ors [2019] 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.

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Terms sheets, MOUs, LOIs and Heads of Agreement: How enforceable are they?
16
August
2019

Tower Insurance Limited v Nicon Limited [2019] 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).

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Vendor liability for innocent misrepresentation and undiscovered weathertightness defects – Grant v Ridgeway
20
December
2018

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.

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Parker & Associates announce a new partner
14
September
2018

Parker and Associates is pleased to announce the appointment of James Wollerman as partner, effective 10 September 2018.

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Legal Update - Clauses preventing oral modification of contracts are enforceable – UK Supreme Court
31
May
2018

Parties to commercial contracts should review their contracts to check whether they contain “no oral modification” (NOM) clauses, and if they do, ensure they are complied with, following the UK Supreme Court’s decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24, in

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Legal Update - Buyer beware: assignment of full replacement insurance claims
17
May
2018

When selling their house, is a homeowner entitled to assign their ongoing insurance claim to the purchaser?

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Legal Update - Joint owner-occupiers awarded general damages of $35,000
28
March
2018

In a recent High Court decision, Thomas J awarded joint owner-occupiers of a unit in a leaky complex $35,000 in general damages for stress and anxiety arising from the discovery of leaky issues with their unit and the resulting litigation.

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