Tag: Commercial law

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The Zero Carbon Bill — a game changer for responsible investment in New Zealand?

Responsible investment is big business in New Zealand. Over $180 billion of assets were professionally managed in accordance with responsible investment principles in New Zealand in 2018, up from only $58 billion five years earlier (RIAA Responsible Investment Benchmark Report 2019). This represents approximately 72% of all funds under professional…

Experienced arbitration lawyers aiming to make New Zealand a Pacific arbitration hub

Some experienced New Zealand lawyers who’ve worked overseas in arbitration have returned home for the Kiwi lifestyle and to help create more opportunities for international work now available here. Coming back to the green pastures and, perhaps, the simpler life of New Zealand is not an easy decision to make –…

Appointing your arbitrator

Dinosaurs were not quite roaming the earth when I first turned my mind to arbitration as a young lawyer (though my daughter would demur). It’s not that long ago that arbitration was primarily the preserve of lease and construction disputes. Since that time, we have had the almost universal adoption…

Arbitrations and Proportionality

A feature of arbitration is the opportunity to tailor the procedure to the particular dispute. In choosing the procedure, fairness and efficiency are obviously to the forefront. But equally important is proportionality. Proportionality pegs the time and cost of an arbitration at a level that will be economic for the parties…

Directors' duties and the case for vulnerable trading?

Earlier this year, in the space of 10 days, the New Zealand courts delivered two quite differing outcomes on the question of reckless trading under s 135 of the Companies Act 1993.

An ‘earn-out’ tale revisited

As a sequel to the article entitled “A tale of two earn-outs” (LawTalk 922, October 2018, page 22) this article considers The Malthouse Ltd v Rangatira Ltd [2018] NZCA 621 in which the Court of Appeal overturned the High Court ruling ([2018] NZHC 816). Although the High Court was prepared to…

Arbitration of Trusts Disputes: Are we there yet?

In my article on the Arbitration Amendment Act 2019 in the May 2019 issue of LawTalk ("The Arbitration Amendment Act 2019 - Further refinement", pages 28-31), I referred to the transfer of various provisions in relation to arbitrating trust disputes from the Arbitration Amendment Bill to the Trusts Bill.  A logical…

The Viagogo case

How do you enforce New Zealand consumer law against the operator of an international website? The Commerce Commission claims ticket buyers are being seriously misled by Swiss-based Viagogo. However, it has failed in its attempt to obtain an interim injunction because Viagogo has refused to accept formal service except in…

Competition law and the removal of exceptions

In January the Government released an important discussion paper, Review of Section 36 of the Commerce Act and other matters, on which submissions are due by 1 April. The rather bland title is prone to mislead. It diverts attention from the very significant proposed reform to remove from the Commerce Act…

What is good faith in franchising? Part 1

In my article in LawTalk 912 (November 2017), I explored the topic of whether or not there is an implied obligation of good faith in a franchise agreement. In this article, part one of a two-part series, I delve in more detail into what is meant by good faith, specifically…

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