Litigation

Payment Claims and Subcontract Disputes: A Case Study from the NZ High Court

Introduction The construction industry in New Zealand relies heavily on subcontracting arrangements. However, when payment disputes arise, the question of whether a valid and binding contract exists can become pivotal. The High Court case of Teak Construction Group Limited v KMJB Harris Limited [2025] NZHC 700 serves as a significant illustration of how the courts […]

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Proving Building Code Breaches in Future Risk Scenarios: Lessons from Auckland Council v Body Corporate 366567

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

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Cross-Border Debt Recovery: Enforcing Australian Judgments in NZ

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

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Stewart v Eversons International Limited – Settlement Deeds

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

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Equitable Set-Off: A Viable Defence Against Summary Judgment?

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

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Fencing dispute & issuing notices

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

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