Written out of the will

Mr Sandman sued Wilson McKay for dishonest assistance. He alleged that Wilson McKay had knowingly assisted the daughter of, and an attorney for the testator in producing a will that significantly reduced the benefits that were provided for him in a prior will.

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When should what the parties say be used to interpret contracts?

If negotiations are the evidence of what a contract means, why write the contract at all?

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Sexual Harassment In The Workplace – Did You Know?

On the topic of sexual harassment what usually comes to mind is an employer, employee or client/customer making sexually suggestive remarks to an employee, or touching another employee inappropriately.

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What is insurance and why do we still not agree about that?

Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27 the NSW Court of Appeal determines this issue in Australia.

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Burden of Proof in Cargo Claims under the Hague and Hague-Visby Rules

Volcafe v CSAV [2018] UKSC 61 – Burden of Proof in Cargo Claims under the Hague and Hague-Visby Rules – The Supreme Court in the UK clarifies the Legal Test.

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Craft beer and craftier words: sometimes beer is just beer as words are just words

Malthouse Ltd v Rangatira Ltd [2018] NZCA 621 (20 December 2018) the Court of Appeal clarifies the role of “commercial sense” in contract interpretation.

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Insurance Council/IBANZ Marine Workshop

The workshop provided an opportunity to keep abreast of topical issues and meet with colleagues across the marine and insurance industry.

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When Ships Collide

Which collision rules apply when one vessel is simply drifting, awaiting a pilot?

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To Repair Rubble or Not to Repair Rubble

A recent High Court decision, gives some guidance to insurers and insureds on what “when new” vs “as new” policies require of insurers and what repairs are required to rubble foundations

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McElroys Wins Insurance Specialist Law Firm of the Year

McElroys is proud to announce that it has won the Insurance Specialist Law Firm of the Year award.

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Liability for Wasted Costs when Withdrawing as Counsel

The High Court in Bligh v Earthquake Commission [2018] NZHC 2392 has quashed orders that a solicitor pays costs incurred after the solicitor withdrew as counsel.

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Supreme Court’s Decision in Feltex Litigation

On 15 August 2018, the Supreme Court delivered its judgment in the long-running Feltex litigation.1 This was a representative action brought by Eric Houghton on behalf of approximately 3,600 shareholders.

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Sentencing in the Age of HSWA 2015

Three companies appealed against sentences imposed on them for breaches of the Health and Safety at Work Act 2015 (HSWA), Stumpmaster, Tasman Tanning and Niagra Sawmilling.

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Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust

In September 2010 the Southland Stadium roof partially collapsed following a heavy snowstorm. The Stadium required extensive repairs costing over $15 million. Southland Indoor Leisure Centre Charitable Trust (Trust), the owner, brought proceedings against AS Major, the engineer responsible for the Stadium’s structural design, and Invercargill City Council (Council).

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Prattley v Vero – Supreme Court

Prattley owned a commercial building in Worcester Street, Christchurch. It was insured for indemnity value only with a sum insured of $1,605,000. It was damaged in the 4 September 2010, 26 December 2010 and 22 February 2011 earthquakes.

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Trustees Executors v Fund Managers Canterbury

Trustees Executors Ltd (TEL) issued proceedings against Fund Managers Canterbury Ltd (FMC), its directors and officers, and auditors, in the Wellington High Court. The claim against FMC and the D&Os concerned alleged negligence and breach of the Fair Trading Act arising from lending decisions in conjunction with the Canterbury Mortgage Trust Group Investment Fund (CMT) which was wound up in 2009.

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Montecillo Trust v
Stevenson Brown Ltd – High Court
Jardboranir HF trading as Iceland Drilling v Summit Hydraulic Solutions Ltd – High Court

In the first case the Montecillo Trust engaged Mr Rutter for the purposes of design, project management and supervision for the construction of a rest home in Dunedin in 2005.

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Prattley v Vero – Court of Appeal

The settlement agreement should not be re-opened as the mistakes alleged by Prattley were the kind contemplated by the parties and therefore covered by the release clause.

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Hotchin v The New Zealand Guardian Trust Co Ltd

Mark Hotchin, a director of Hanover Finance Ltd and other collapsed finance companies (referred to collectively as Hanover), faced proceedings by the Financial Markets Authority (FMA). The FMA alleged that the Hanover directors, including Hotchin, distributed offer documents containing untrue statements on which investors relied when purchasing securities or rolling over their investments.

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