Get to know Morgan
/
After two years in Melbourne, Associate Morgan is back in Auckland and ready to take on new challenges at FL.
Read More
Get to know Imogen
/
We are delighted to welcome back Senior Solicitor Imogen Allan to the FL team.
Read MoreFirst workplace manslaughter in Australia
/
R v Brisbane Auto Recycling Pty Ltd & Ors [2020] QDC 113
In our February 2020 issue of In Brief, we discussed how two further Australian jurisdictions (Victoria and the Northern Territory) had passed workplace manslaughter laws. Now, Australia has had its first workplace manslaughter sentence. The sentence was imposed in Queensland, pursuant to workplace manslaughter laws, which have been in force since 2017 following an amendment to Queensland’s Workplace Health and Safety Act 2011.
Read MoreCrown immune from liability for Psa outbreak
/
Attorney-General v Strathboss Kiwifruit Limited [2020] NZCA 98
In this recent decision, the Court of Appeal found that the Crown was immune from liability to kiwifruit growers and post-harvest operators in negligence for granting an import permit for a consignment of kiwifruit pollen from China and for not inspecting those goods when they arrived in New Zealand. Further, even if the immunity had not been made out, the Court found no duty of care in any event.
Clarifying fiduciary obligations in a joint venture arrangement
/
Daisley v Ark Contractors Limited [2020] NZHC 793
Fee Langstone was recently involved in a High Court trial which has shed light on the fiduciary duty that arises from a joint venture arrangement. It also usefully affirms the requirement that there be a contract of retainer or assumption of responsibility to a party involved in a transaction before a lawyer will owe fiduciary duties to that party.
Read MoreCovid-19 Test Case to Proceed Urgently
/
UK Financial Conduct Authority to bring COVID-19 test case for business interruption claims
The COVID-19 pandemic has been a hugely significant worldwide event. The pandemic and subsequent government controls have caused many businesses – in particular SMEs – distress and substantial losses. Most claims for COVID-19-related business interruption (BI) losses have been excluded in New Zealand because BI policies here generally do not cover losses resulting from pandemics. This is not always the case in other parts of the world.
The Final Word on Detention and Demurrage in the United States?
/
The Federal Maritime Commission recently released its final interpretive rule concerning the reasonableness of detention and demurrage charges. The FMC’s announcement is a response to complaints of shippers, freight intermediaries and truckers of being penalised with unreasonable demurrage and detention charges by ocean carriers and terminal operators.
Read MoreThe end of the road in the real estate price-fixing saga
/
Lodge Real Estate Limited v Commerce Commission [2020] NZSC 25
The Supreme Court has recently delivered its judgment in the Trade Me/real estate agents price-fixing case, making this the final episode (on liability at least). Two Hamilton real estate agencies lost their seven-year battle against price-fixing allegations by the Commerce Commission.
Read MoreDeceitful practices lands Canterbury wine company $1.7m fine
/
R v Southern Boundary Wines Ltd (in liq) [2020] NZHC 514
Two directors and an employee of Southern Boundary Wines Ltd (Southern Boundary) have been sentenced along with the company itself for charges under the Wine Act 2003 involving deception and selling and exporting non-compliant wines. This is the third sentencing to occur under the Act.
Read MoreFishing vessel sinking leads to the first conviction of an officer in New Zealand
/
In June 2017, a fishing vessel, the Victory II, sank off Kaikōura while grossly overloaded with fish. In a prosecution brought by Maritime New Zealand, Antonio Basile, the sole director of the fishing company, Nino’s Ltd, became the first officer to be convicted and sentenced under the Health and Safety at Work Act 2015 (HSWA). Nino’s Ltd was also sentenced, as was the Victory II’s skipper, Mr McCauley.
Read MorePolice bring first forfeiture action against health and safety offender
/
WorkSafe NZ v Salter [2017] NZDC 26277
In 2017, Auckland business owner, Ron Salter, and his waste fuel collection business, Salters Cartage Ltd (Salters), were convicted for a series of breaches of the Health and Safety in Employment Act 1992 and the Hazardous Substances and New Organisms Act 1996. The Police are now commencing proceedings against Mr Salter under the Criminal Proceeds (Recovery) Act 2009 (Act). This is the first time a proceeding has been brought under this Act in relation to a health and safety offending.
Reparations and the Resource Management Act
/
GDC v Aratu Forestry Ltd
This recent sentencing decision is notable for two reasons. First, because of the large fine imposed on a forestry company for breaching the Resource Management Act 1993 (RMA), and second – perhaps more interestingly – because the Court ordered the defendants to pay a significant sum in reparations to affected persons for emotional harm. While reparation payments are common for other kinds of offences, they are uncommon for convictions under the RMA. The case also raises issues such as whether a defendant is insured for reparation payments, and, if so, which insurance policy will provide cover?
Time is ticking – or has the clock gone back to zero?
/
Limitation periods for old insurance claims
Inicio Ltd v Tower Insurance Ltd [2020] NZHC 90
This recent High Court decision examines the effect of an acknowledgement of liability on the limitation period applying to an insurance claim.
Read MoreCourt clarifies limitation period for fiduciary claims
/
George v Sell Smart Bis Ltd [2019] NZHC 37
Recently, the High Court decided that a claim for breach of fiduciary duty against a mortgage broker was barred under the Limitation Act 1950 (the Act). The Court applied by analogy the limitation period that applies to contractual/tortious claims. This decision is very important in clarifying the time limit which will apply to claims for breach of fiduciary duty, such as acting in a conflict of interest or failing to act honestly in the client’s interests.
Read MoreWorkplace manslaughter is rolled out further in Australia: Is New Zealand next?
/
Workplace manslaughter (also referred to as industrial/corporate manslaughter) has been an offence in the United Kingdom since 2008. Closer to home, Victoria and the Northern Territory have joined the Australian Capital Territory (ACT) and Queensland as the latest Australian jurisdictions to pass workplace manslaughter laws.
Read MoreWelcoming Shirley, Greg and Jack to FL
/
2020 has brought with it exciting new changes, least of which three new staff members joining the FL team.
Read MoreGet to know Shirley
/
Shirley Chan graduated from the University of Auckland with a Bachelor of Laws (Honours) and a Bachelor of Arts, majoring in French and History. She was admitted to the bar in February 2018.
Read MoreGet to know Greg
/
Greg Potter completed a Bachelor of Laws and Bachelor of Commerce majoring in Management at the University of Auckland. He gained commercial dispute resolution experience at a specialist litigation firm while completing the final six months of his degrees in 2019. He joined Fee Langstone in January 2020.
Read MoreGreat results in the Legal 500 Asia-Pacific 2020 rankings
/
The Legal 500 Asia Pacific 2020 rankings have just been released and we are delighted to have retained our top tier firm status for insurance.
Chambers Asia-Pacific Rankings 2020
/
We are very pleased to announce Fee Langstone was ranked in Band 1 for Insurance in the 2020 Chambers Asia-Pacific Rankings. Philippa Fee was named as a Notable Practitioner and was ranked as Band 1 Lawyer for Insurance. Partner Pauline Davies was also singled out as a Band 2 Lawyer for Shipping.
Read More
