Rubbing Salt in the Cox Wound
Rubbing Salt in the Cox Wound
16 February 2017 | By  Rick Shera
Having been slammed in 2016 with a USD25 million damages award by a US jury, Cox Communications has now had USD8 million costs award made against it in the case ... Read More →
Rubbing Salt in the Cox Wound
Rubbing Salt in the Cox Wound
16 February 2017 | By  Rick Shera
Having been slammed in 2016 with a USD25 million damages award by a US jury, Cox Communications has now had USD8 million costs award made against it in the case ...
Read More →
An unsettling agreement
An unsettling agreement
07 October 2016 | By  Duncan Coats
An Employment Relations Authority decision serves as a reminder that employees can bring claims for breach of minimum entitlements even after signing a settlement agreement.
Read More →
Trial provisions (yet again) under review
Trial provisions (yet again) under review
26 September 2016 | By  Duncan Coats
The outcomes of four separate, but related, claims may cause concern for employers whose standard employment contracts contain trial provision clauses.
Read More →
When does a director “live in New Zealand”?
When does a director “live in New Zealand”?
20 September 2016 | By  Luke Balmforth
ince 1 May 2015, the Companies Act 1993 has required that at least one director of each New Zealand company “live in New Zealand” or “live in an enforcement country and be a director of a company that is registered … in that enforcement country”
Read More →
NZ splits from UK on enforcement of foreign judgments
NZ splits from UK on enforcement of foreign judgments
31 August 2016 | By  Timothy Lindsay  | Edith Offner
In its recent decision Michael Wilson & Partners Ltd v Thomas Ian Sinclair [2016] NZCA 376 the New Zealand Court of Appeal has allowed the execution in New Zealand of a foreign costs judgment, despite ongoing litigation between the parties in other jurisdictions.
Read More →
Hold-out creditor fails to block Solid Energy company arrangement
Hold-out creditor fails to block Solid Energy company arrangement
17 August 2016 | By  Timothy Lindsay  | Edith Offner
In a significant decision, the New Zealand High Court has rejected a minority hold-out creditor’s attempts to invalidate a voluntary deed of company arrangement for coal mining company Solid Energy New Zealand Limited pursuant to Part 15A of the New Zealand Companies Act 1993
Read More →
Attempt to structure around the Overseas Investment Act proves costly
Attempt to structure around the Overseas Investment Act proves costly
21 June 2016 | By  Andrew Wallace
A recent case (LINZ v Carbon Conscious New Zealand Limited and Katey LR Investments Limited [2016] NZHC 558) serves as a reminder of the wide application of the overseas investment regime and a warning against attempts to try and structure deals around it.
Read More →
The
The "Tail" of two crocodiles
09 June 2016 | By  Richard Rodden
Lacoste recently successfully defended its rights in the Court of Appeal to its trade mark which depicts both a crocodile and the word ‘crocodile’ (mark 70068) despite it never actually having used the mark.
Read More →
Case Law Update: The Law of Penalties
Case Law Update: The Law of Penalties
16 December 2015 | By  Cecil Hanafin
Clauses in contracts which try to add a specific penalty amount or calculation have always been problematic.
Read More →
Updated: Was a Silver Fern Flag Rejected for IP Reasons?
Updated: Was a Silver Fern Flag Rejected for IP Reasons?
16 November 2015 | By  Rick Shera
As noted previously, intellectual property issues seem to have dogged the #nzflag selection process. However, one potentially popular option is repeatedly referenced as having been discounted because of an IP issue and that of course is the silver/white fern on plain black, another of Kyle Lockwood's submissions ...
Read More →
A present to everyone (except Warner)
A present to everyone (except Warner)
06 October 2015 | By  Duncan Coats
Everyone loves a quiz. So what is the most commercially successful song of all time? Yesterday by John Lennon and Paul McCartney*? Stairway to Heaven? White Christmas maybe?
Read More →
Parent company liable for debt of subsidiary company in liquidation
Parent company liable for debt of subsidiary company in liquidation
28 September 2015 | By  Luke Balmforth
If you are a director of a company in a corporate group, a recent High Court decision should serve as a timely reminder of the need to preserve each company’s separate legal identity within the group.
Read More →
How to Slam a Cyber-squatter
How to Slam a Cyber-squatter
25 September 2015 | By  Rick Shera
The .nz domain name dispute resolution service has been successful in providing an inexpensive, fast track method for people who have rights in a domain name to prevent those who do not - so called cyber-squatters - from using that name. However, sometimes, even that is not fast enough, especially where there is fraud involved ...
Read More →