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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