Searching Content indexed under Contracts and Commercial Law by Chapman Tripp ordered by Published Date Descending.
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Update: integrity of set-off rights restored
The 2017 WA decision which overturned the view that set-off is effective against a receiver was successfully appealed.
New Zealand
1 Oct 2018
Financial Services Bill improved – now for the code
The Amendment Bill includes minor changes, but much of the regulation will come from the forthcoming Code of Conduct.
New Zealand
11 Aug 2018
Some clarity on no oral modification clauses
Recent case clarifies that no oral modification clauses are valid but fails to clarify the practical benefit test.
New Zealand
30 May 2018
Iwi business flourishing – more benefits for members
Business-savvy iwi are now extending their investment into more social initiatives that directly benefit iwi members.
New Zealand
28 Mar 2018
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
Court of Appeal on when a third party payment is voidable
Payments from a third party can, in certain circumstances, be treated as being made by the debtor, and are voidable.
New Zealand
28 Jun 2017
English Court of Appeal signals broader approach to exemption clauses in commercial contracts
The effect of these cases underscores the importance of ensuring that contracts accurately reflect allocation of risk.
New Zealand
23 Jun 2017
New retentions scheme – D-Day looms but detail missing
Principals and contractors soon will have to apply the new construction contracts retentions regime, without regulations.
New Zealand
16 Mar 2017
New retention scheme for construction centracts to apply only to post-March 2017 contracts
This amendment makes it clear that the new retentions trust regime applies only to contracts on or after 31 March 2017.
New Zealand
27 Oct 2016
Commerce Commission test drives new unfair contract terms regime
The telecommunications contract review is a first look at the implementation approach to the unfair contract terms regime.
New Zealand
29 Feb 2016
Upcoming changes to the Construction Contracts Act
This Constructions Contract Amendment Act 2015 will result in significant change across the whole construction sector.
New Zealand
30 Oct 2015
Direct deeds – not the protection expected
Direct deeds are generally used on construction projects between the developer, the contractor and the financier.
New Zealand
23 Oct 2015
Contract interpretation – the pendulum swings back
This UK judgment had far-reaching ramifications for the interpretation of commercial contracts, including in New Zealand.
New Zealand
25 Jul 2015
Court delivers subbies a win for the little boys
The parties should have communicated with affected subcontractors when they decided to exercise contractual elections.
New Zealand
29 Jan 2015
Even breaches of contract which can't be undone can be remedied – UK Supreme Court
The case is a reminder that redress is possible on a broken contractual promise - even when the breach cannot be undone.
New Zealand
25 Nov 2014
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
Communicate clearly elections under construction contracts
Lessons from a recent High Court decision.
New Zealand
14 Sep 2014
Retentions trust for subbies - a workable solution?
The Government is promising better protection for sub-contractors' retention payments, through a proposed 'trust'.
New Zealand
11 Sep 2014
Unfair contract terms – reviewed your standard forms yet?
The Commerce Commission released draft guidelines of its proposed approach to new provisions on unfair contract terms.
New Zealand
25 Aug 2014
Care needed on lender assignment clauses in loan facility agreements
The need for thoughtful drafting of lender assignment clauses in bank loans has been underlined by a recent US judgment.
New Zealand
11 May 2014
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