The Australian Financial Complaints Authority (AFCA) has recently found in favour of a business insurance policyholder whose claim for loss of perishable food stock caused by a COVID-19 lockdown was declined.
Read MoreYan v Mainzeal Property and Construction Ltd (in liq) [2021] NZCA 99
On 31 March 2021, the Court of Appeal delivered a 186-page judgment in the much-publicised and lengthy Mainzeal litigation.
Read MoreTim Daley returned to New Zealand and joined the Fee Langstone team in December 2020, where he assists with a broad range of indemnity issues and civil disputes.
Read MoreTe Tari Taiwhenua Department of Internal Affairs (DIA) has issued a formal warning to law firm Kidd Legal under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act). This is the first formal warning issued to the legal sector under this legislation.
FL's own Greg Potter gains some publicity for his big catch
Solicitor Greg Potter was featured in the NZ Herald recently as he became the third person to ever catch a marlin in a kayak. Read more about Greg's great ordeal below.
Solicitor Edith Offner joined the FL in October of last year. Prior to joining Fee Langstone, Edith practised at a specialist litigation firm where she acted on a range of commercial disputes.
Read MoreFee Langstone was ranked in Tier One for Insurance, being recognised for "depth of experience" and "well-respected" in the area. Partners Philippa Fee, Craig Langstone, Pauline Davies and Cecily Brick were listed as Leading Individuals. Virginia Wethey was also recognised as a Next Generation Partner. Matt Atkinson, Russell Stewart and Angus Wakeman were also named as Key Lawyers. Thank you to all clients who provided testimonials.
Read More IAG v Forde [2020] NZHC 3233
The defendant, Mr Forde, had his insurance claim declined following a car crash. Mr Forde and his fiancée, Ms Day, were returning home along State Highway 1, south of Dunedin. Ms Day, who held a learner licence, was driving the car whilst Mr Forde, who held a full licence, was a passenger.
Englehart CTP (US) LLC v Lloyd's Syndicate 1221 & Ors [2018] EWHC 900 (Comm)
Englehart, the insured in this UK case, claimed under an “All Risks” cargo insurance policy for loss it sustained in accepting fraudulent bills of lading for a cargo of copper ingots, where that cargo was never in fact shipped.
Read MoreChambers Rankings 2021 & NZ Law Awards
We are very pleased to announce two pleasant surprises in time for Christmas. Fee Langstone was ranked in Band 1 for Insurance Law in the Chambers Asia-Pacific Rankings 2021 with Philippa Fee as a ranked individual. Pauline Davies was also named a ranked individual in Band 2 for Shipping.
We are also delighted to have been awarded NZ Law Awards 2020 Insurance Specialist Law Firm of the Year. This year was a virtual event and all winners were asked to submit an acceptance video in lieu of attending. You can watch our rather silly one here.
Regular readers will be aware that Fee Langstone has been providing updates on the UK ‘test case’ on the business interruption response to COVID-19 related claims.
Closer to home, the New South Wales Court of Appeal has also recently handed down its decision in its own test case. It found in favour of insured businesses, ruling that insurers could not rely on certain disease exclusion clauses to deny claims for loss caused by business interruption losses from COVID-19.
Read MoreSouthern Response Earthquake Services Limited v Ross continues to throw up significant legal developments. The latest is the landmark judgment issued last month by the Supreme Court whereby it has approved the use of an “opt-out” representative action regime in New Zealand.
Also, in a significant postscript, the government has announced a “proactive package” to be offered to eligible policyholders. This article looks at both developments.
Read MoreA big congrats to Greg Potter who was admitted this month! Seen here with our own Frances Jones who acted as moving counsel.
Read MoreFee Langstone has awarded a Corporate Intl Magazine Global Award for Maritime Law Firm of the Year in New Zealand - 2021. Partner Pauline Davies was also recognised as an expert in the awards.
In more good news, Fee Langstone is a finalist for New Zealand Law Awards Insurance Specialist Law Firm of the Year.
We've had some exciting changes to our team at Fee Langstone. In particular the appointment of three Special Counsels. Watch Angus, Brad and Tom share their thoughts on their new role and their careers.
Ministry of Workplace Relations and Safety, Andrew Little, has ordered WorkSafe to seek external legal advice from Crown Law or Crown Solicitors whenever a Coroner recommends that WorkSafe consider a prosecution or reconsider its decision not to prosecute.
Read MoreSupreme Court decision a warning to directors trading near-insolvent companies
Madsen-Ries v Cooper [2020] NZSC 100
Debut Homes Limited (Debut) was a property developer. Mr Cooper is Debut’s sole director. In November 2012, Mr Cooper decided to wind down Debut’s operations. Existing developments would be completed but no new developments undertaken. At the time this decision was made, it was forecast that there would be a deficit of over $300,000 in GST once the wind-down was completed. The liquidators of Debut sued Mr Cooper. They claimed that he incurred debts on behalf of Debut without a reasonable belief that Debut would be able to meet them when they fell due, in breach of ss 135 & 136 of the Companies Act 1993 (the Act),. The liquidators claimed the full amount of unsecured creditor claims, being $449,507. The High Court found that Mr Cooper had breached the above provisions. This decision was reversed in the Court of Appeal but was later reinstated by the Supreme Court.
We have made the tough choice to postpone our Client Function for this year. 2020 marked Fee Langstone’s 5th birthday and it has been the kind of year to make you want to let loose with a much-needed party. Unfortunately, for the sake of everyone’s health and safety we’ve decided to postpone our celebrations to early 2021. We look forward to seeing you all next year and shaking off the lockdown cobwebs.
Read MoreSouthern Response v Dodds [2020] NZCA 395
The Court of Appeal has recently delivered its judgment in the appeal from the High Court decision. The Court upheld the High Court’s finding that Southern Response was liable for misrepresentation, misleading and deceptive conduct, and breach of an implied duty of good faith.
Read MoreAt Fee Langstone we’re experts in the field of insurance law. We are a team of skilled litigation lawyers, able to work with you to provide strategies and robust solutions, fast.
Fee Langstone
Tel. +64 9 373 0050
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Auckland 1010
reception@feelangstone.co.nz
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