Searching Content indexed under Litigation, Mediation & Arbitration by Chapman Tripp ordered by Published Date Descending.
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Defamation risk raised for publishers?
The embedding of the public interest defence to defamation claims may have raised the bar for publishers to defend.
New Zealand
14 Mar 2019
In-house counsel and litigation cost recovery
This decision was a significant departure from current authority and could carry large implications for in-house counsel.
New Zealand
14 Sep 2018
New public interest defence to defamation claims
The decision to introduce a public interest defence to defamation claims has significant implications for NZ journalism.
New Zealand
4 Aug 2018
Directors private information safe from liquidators
Liquidators cannot examine directors to obtain private financial information to judge their worth as prospective defendants.
New Zealand
5 Dec 2017
Choice of Law Bill passes third reading
NZ courts must now apply the law of the jurisdiction in which the events constituting the tort occurred (with some exceptions).
New Zealand
5 Dec 2017
Have set-off rights been restricted by the PPSA without anyone noticing?
This WA decision may have overturned the hitherto accepted view that set-off remains effective against a receiver.
New Zealand
13 Oct 2017
Voidable transactions and Ponzi schemes – the Supreme Court ruling
The Supreme Court considered claw back claims under the voidable transactions regime in the context of Ponzi schemes.
New Zealand
10 Jul 2017
Mountaineers knee – object lesson in negligence law
The negligence claimant must also show that the loss suffered was within the scope of the defendant's duty.
New Zealand
24 Apr 2017
Dispute resolution in New Zealand – trends and insights in 2017
NZ businesses should be able to anticipate and have plans ready to resolve potential disputes, whatever the cause.
New Zealand
5 Apr 2017
Make-over for NZ court system imminent
The judicature modernisation reforms are the most significant revamp of the court system since the Judicature Act 1908.
New Zealand
27 Oct 2016
A timely reminder on litigation disclosure requirements
The case is a timely reminder of the importance of properly locating and disclosing all relevant documents in litigation.
New Zealand
5 Jul 2016
Apparent judicial bias - a hard argument to win?
The UK decision confirms the NZ approach but also reflects a reluctance to uphold allegations of apparent judicial bias.
New Zealand
29 Jun 2016
Sherlock Holmes theory of causation not always correct
These cases reiterate that causation is an intensely factual inquiry, in which simplifications are unlikely to succeed.
New Zealand
21 Jul 2015
Supreme Court supports arbitration agreements
The Supreme Court ruled that parties cannot avoid promises to arbitrate by seeking High Court summary judgment instead.
New Zealand
23 Jan 2015
Bound to be friendly – enforcing tiered dispute resolution clauses
Parties who require good faith negotiation or mediation as preliminary steps, should express those steps specifically.
New Zealand
6 Nov 2014
Confidentiality agreements and mediation – Canada lights the way?
Analysis of a recent decision from the Supreme Court of Canada on a confidentiality clause in a mediation agreement.
New Zealand
15 Jul 2014
Arbitration agreement set aside, when parties provided for non-existent appeal rights
The main lesson from the case was that parties must draft and agree to a valid arbitration agreement from the outset,
New Zealand
29 Jun 2014
Law to give NZ court procedures a modern make-over
Court processes will be streamlined and modernised, including the use of electronic technology, through new legislation.
New Zealand
4 Dec 2013
Litigation funding agreements – in from the cold?
Third-party funding agreements, an established part of civil litigation overseas, are becoming more common in New Zealand.
New Zealand
25 Sep 2013
Due process needed in insolvent transaction recovery
The case notes that an order under s.295 of the Companies Act is required before a creditor is indebted to liquidators.
New Zealand
4 Jul 2013
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