Articles

Articles

Why mediate? Resolving employment relationship problems through mediation

November 2014 . . . When things go wrong between employers and employees, it might be tempting to go out guns blazing and aim for a showdown in Court. However, when the actual and...

ETERNAL RESTRAINT OF TRADE UNREASONABLE

September 2014 . . . The High Court has declared that a former shareholder cannot be prevented from competing with a company’s business forever. This case concerned the...

ASSET STRIPPING & CONSPIRACY THEORIES

August 2014. . . At what point does “sharp practice” in commercial transactions cross the line and become unlawful activity? That was question the Court of Appeal...

Keep an eye on the bottom line

July 2014 . . . We all need to keep an eye on the bottom line; Mrs S learnt that that hard way in the Family Court. When Mr W and Mrs S’s 20 year relationship ended, Mrs S...

Employer puts foot down to win injuction

June 2014... Some businesses tend to take a fairly relaxed approach to having property documented employment agreements, despite the fact that it is a breach of the Employment...

Kiwisaver accounts and bankruptcy

May 2014... The High Court has declared that a bankrupt’s KiwiSaver account can be made available for distribution to creditors, but only after the bankrupt qualifies...

THE COST OF PRICE-FIXING

April 2014... The recent action by the Commerce Commission against Carter Holt Harvey is a useful reminder for all businesses (and also managers in those businesses) of the...

LOWERING THE COST OF ACCESSING EQUITY CAPITAL

March 2014... In the current financial market, emerging businesses can face an up hill battle to secure new capital to finance their growth aspirations. The problem for these...

WHEN IS A CONTRACT “FRUSTRATED”? UPDATE FROM THE SUPREME COURT

February 2014... Commercial contracts are a part of every-day life for all businesses and they can of course vary in scope, complexity and value depending on the subject matter....

THE BATTLE FOR THE BIKER JEAN

December 2013... The celebrated biker jean. Fashion conscious readers will know what I am talking about. For those that missed this 90’s fashion trend, “biker...

Exclusion Clauses in Commercial Contracts

November 2013... My last article commented on the Consumer Law Reform Bill and the proposal to prohibit the use of “unfair contract terms” in standard form consumer...

THE CONSUMER LAW REFORM BILL & “UNFAIR” CONTRACT TERMS

October 2013... The Consumer Law Reform Bill is before Parliament awaiting its third reading and it is proposed that the Bill will be enacted before the end of this year. The...

Exporter falls short on GST compliance

September 2013... A New Zealand business that manufactured and supplied goods to an overseas purchaser has been found to have made a costly mistake in its treatment of GST. The...

Muzz Buzz - Intellectual Property

August 2013... In an earlier column I discussed the legal stoush between two operators in the Auckland drive through coffee business, Muzz Buzz (the plaintiff) and Jitta Buzz...

No "Pooling" of assets allowed

July 2013... A recent High Court case in Christchurch provides useful information for Receivers of companies. A Receiver is often appointed in respect of a company’s...

COST MANAGEMENT TIP FOR SUPPLIERS AND CUSTOMERS

June 2013... Managing costs is a key element in the success of any project and often quotes are used to manage expectations and risk. Where the scope of work may not be entirely...

Shareholder loans and major transactions

May 2013... A recent High Court case in Wellington provides some useful reminders in relation to company law and the treatment of major transactions under the Companies Act...

Leaky homes and contributory negligence

April 2013... The case of an Auckland couple who took the Auckland Council to the High Court over a “leaky home” has been reported in the media recently. The case...

The latest buzz on interim injunctions

March 2013... Where an infringement of intellectual property is discovered, an interim injunction offers the opportunity to stop the infringement in its tracks until the...

LESSONS FOR RECEIVERS OF COMPANIES: NO “POOLING” OF ASSETS ALLOWED

February 2013... A recent High Court case in Christchurch provides useful information for Receivers of companies. A Receiver is often appointed in respect of a...

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