In the recent Court of Appeal decision Auckland Council v Body Corporate 366567 [2025] NZCA 78, the court addressed a crucial issue in the ongoing evolution of New Zealand’s building defect jurisprudence — how to determine liability where alleged building defects relate to risks arising from future hypothetical events. This case is particularly relevant for […]
The close economic and legal ties between Australia and New Zealand have necessitated streamlined legal processes for cross-border disputes. One of the most significant advancements in this area is the Trans-Tasman Proceedings Act 2010 (NZ), which simplifies the recognition and enforcement of civil judgments across the Tasman Sea. For Australian businesses or individuals seeking to
Cross-Border Debt Recovery: Enforcing Australian Judgments in NZ Read More »
The High Court decision in Senior Trust Capital Limited v Holmes sheds significant light on the responsibilities of mortgagees, the legal expectations of guarantors, and the broader implications of mortgagee sales in New Zealand. This case examines the application of section 176 of the Property Law Act 2007 (PLA) and provides valuable insights into how
Understanding Mortgagee Sales in New Zealand Read More »
Introduction The New Zealand Court of Appeal’s decision in Stewart v Eversons International Limited (In Liq) [2024] NZCA 602 highlights significant legal principles surrounding Settlement Deeds, default notices, and the enforceability of admissions under the High Court Rules 2016. The case provides valuable insights into the obligations of parties under settlement agreements and the conditions
Stewart v Eversons International Limited – Settlement Deeds Read More »
Introduction The recent Court of Appeal decision in Liu v Hu [2024] NZCA 205 provides a significant examination of contractual obligations, misrepresentation, and equitable set-off within the context of a property development agreement. The case revolves around the sale and purchase of a property intended for development into six residential units, raising critical questions about
Equitable Set-Off: A Viable Defence Against Summary Judgment? Read More »
Introduction The High Court of New Zealand recently delivered a significant judgment in the case of Jin v Narayan, addressing a dispute over costs related to fencing works under the Fencing Act 1978. This case sheds light on the interpretation and application of notices under the Act, particularly regarding the validity and replacement of such
Fencing dispute & issuing notices Read More »
Introduction The legal case of Waiatarua Trust v Auckland Council revolves around the allegations of negligence by the Auckland Council regarding the issuance of a Code Compliance Certificate (CCC) for a residential property. This article delves into the intricate details of the case, examining the legal arguments, court proceedings, and the final judgment. The Parties
Limitation Period For Building Act Cases Read More »
The Resource Management Act 1991 (RMA) in New Zealand is a piece of legislation that aims to manage the use, development, and protection of natural and physical resources. One aspect of the RMA is the ability for individuals or organisations to appeal an abatement notice if they feel it is unjust or unjustified. An abatement
Read this if you have been served with an abatement notice Read More »
