Civil Litigation & Dispute Resolution

Directors’ contractual liability: dual capacity, one signature but two roles?

Civil Litigation & Dispute Resolution, Commercial Law, Corporate & Finance / By

When a company director signs an agreement on behalf of a company, they may also be required to sign a personal guarantee, this means they are accepting personal liability for the obligations of the company. What is a personal guarantee? Personal guarantees are common in several types of agreements, for example leases, supply/trade agreements, or …

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High Performance Sport New Zealand v The Athletes’ Cooperative

Civil Litigation & Dispute Resolution, Employment Law / By

In a recent decision, the Employment Court has ruled in favour of High Performance Sport New Zealand (HPSNZ), overturning a decision made by the Employment Relations Authority in January 2024. In its initial ruling, the Authority had determined that HPSNZ was required to engage in collective bargaining with The Athletes Cooperative (TAC), a union representing …

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What protection does a business have when purchasing goods?

Civil Litigation & Dispute Resolution, Commercial Law / By

Consumer purchases vs business purchases Everyone knows about the Consumer Guarantees Act 1993 (CGA), which provides a “consumer” with remedies if a business has failed to provide goods or services to a reasonable standard. But what happens if you are a business purchasing goods? The answer is not found in the Consumer Guarantees Act 1993; …

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What your Directors and Officers insurance doesn’t cover

Civil Litigation & Dispute Resolution, Corporate & Finance / By

Why directors should review their insurance cover Recent prosecutions under the Health & Safety at Work Act (HSWA) have highlighted limitations of standard insurance cover for corporate directors and officers, and the importance of understanding exactly what Directors and Officers (D&O) insurance does and does not cover. Specifically, where criminal prosecutions may result in extensive …

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What is a Discharge without Conviction?

Civil Litigation & Dispute Resolution / By

Frequently, when a prominent New Zealander is being sentenced for criminal offending, there will be discussions about Discharges without Conviction.  Discharges are commonly misunderstood and this article sets out what a discharge is and when it is likely to be available. A Discharge without Conviction is an Order that Court can make when a person …

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Shareholder Disputes – you are not without options

Civil Litigation & Dispute Resolution / By

Shareholder disputes are not uncommon. Yet, when they arise, a shareholder dispute is nothing short of disruptive, distracting and – usually – detrimental to business. While shareholder disputes can take various shapes and sizes, they most commonly involve a shareholder disagreeing with the way in which a company is being managed; or shareholders becoming “deadlocked”. …

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Buying property with family – fun or potential fiasco?

Civil Litigation & Dispute Resolution, Property Law / By

In the present economic climate, getting into (or climbing) the property ladder is tough. To get a deal across the line, purchasers are increasingly looking to alternative ownership options. One such option we commonly see is ‘co-ownership’ of property between family members. Taking matters a step further than the traditional parental guarantee of a child’s …

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All Access – The Holland Beckett Podcast

Leave a Comment / Civil Litigation & Dispute Resolution, Holland Beckett / By

In the ‘All Access’ Holland Beckett podcast series we look at different ways of approaching access to justice through interviews with experts across the justice space. Click on each episode below to listen. Episode 1 – Cassie Nicholson, Chief Parliamentary Counsel Tim Conder interviews the Chief Parliamentary Counsel about the importance of understandable and accessible …

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