Treat your finance documents as one package, not as paperwork that simply follows the real deal. If a lender is agreeing to hold a margin, match a competitor, keep...

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Regulatory ComplianceDisputes, Enforcement & RemediesFinancial Services, Credit & PaymentsAgriculture, Farming & Rural Business

Supreme Court of New Zealand[2017] NZSC 17522 Nov 2017

Anna Elizabeth Osborne and Sonya Lynne Rockhouse v Worksafe New Zealand

Keep two tracks separate after a serious workplace event. One track is victim support, compensation, apologies and practical assistance. The other is the...

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Regulatory ComplianceContractors & Worker StatusDismissal, Redundancy & GrievancesWorkplace Health & SafetyDirectors' Duties & GovernanceLicences, Permits & RegistrationsDisputes, Enforcement & RemediesFinancial Services, Credit & PaymentsInsurance Policies & Claims

Supreme Court of New Zealand[2016] NZSC 10715 Aug 2016

David Charles Browne v David Ross Petterson as Liquidator of Polyethylene Pipe Systems Limited (in liq)

Read this case as a caution about timing, purpose and records. It is not a broad rule that every insider payment or shareholder security is invalid. The lesson is...

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Contractors & Worker StatusDismissal, Redundancy & GrievancesShareholders & Company ControlLiquidation & RestructuringFinancial Services, Credit & PaymentsInsurance Policies & ClaimsImport, Export, Sanctions & Customs

Supreme Court of New Zealand[2016] NZSC 611 June 2016

John Gilbert and QSM Trustees Limited (in receivership and in liquidation) v Body Corporate 162791

Read this case as a strong warning rather than a neat bright-line rule. Do not assume body corporate levies are just an old debt that stays with the owner company...

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Commercial Leases & PropertyDismissal, Redundancy & GrievancesLiquidation & RestructuringDebt Recovery, Guarantees & SecurityDisputes, Enforcement & RemediesFinancial Services, Credit & Payments

Supreme Court of New Zealand[2016] NZSC 1585 Dec 2016

Prattley Enterprises Limited v Vero Insurance New Zealand Limited

For business owners, the main lesson is to check what your property policy really covers before a loss happens and again before you settle a claim. In this case,...

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Dismissal, Redundancy & GrievancesFinancial Services, Credit & PaymentsInsurance Policies & ClaimsNatural Hazards, Climate & ResilienceStandards, Accreditation & Certification

Supreme Court of New Zealand[2016] NZSC 5311 May 2016

Sportzone Motorcycles Limited (in liquidation) and Motor Trade Finances Limited v Commerce Commission

The practical lesson from this case is to build each fee from the event that triggers it. If a fee is charged when a loan is set up, the business should be able to...

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Dismissal, Redundancy & GrievancesShareholders & Company ControlLiquidation & RestructuringDebt Recovery, Guarantees & SecurityLicences, Permits & RegistrationsDisputes, Enforcement & RemediesFinancial Services, Credit & PaymentsImport, Export, Sanctions & Customs

Supreme Court of New Zealand[2015] NZSC 5912 May 2015

New Zealand Fire Service Commission v Insurance Brokers Association of New Zealand Incorporated & Vero New Zealand Limited

Do not assume a levy or similar statutory charge will always track the way your insurance programme is packaged. In this case, the Supreme Court focused closely on...

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Finance, Payments & SecurityFinancial Services, Credit & PaymentsCharities, Clubs & Member GovernanceInsurance Policies & ClaimsTransport, Shipping & Logistics

Supreme Court of New Zealand[2014] NZSC 1378 Oct 2014

Chuan Wu v Body Corporate 366611 and Theta Management Limited

If your business owns or occupies premises in a unit title development, do not treat access control as just an operational issue. It is tied to property rights,...

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Commercial Leases & PropertyDismissal, Redundancy & GrievancesData Breaches & CybersecurityCommercial Leases, Rent & OutgoingsLicences, Permits & RegistrationsDisputes, Enforcement & RemediesFinancial Services, Credit & PaymentsInsurance Policies & Claims

Supreme Court of New Zealand[2014] NZSC 14715 Oct 2014

Firm PI 1 Limited v Zurich Australian Insurance Limited

A replacement-value label does not protect a business from an inadequate sum insured or an unclear interaction with statutory and other insurance. Check both the...

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Contracts & CommercialCommercial Leases & PropertyDismissal, Redundancy & GrievancesDisputes, Enforcement & RemediesFinancial Services, Credit & PaymentsInsurance Policies & ClaimsNatural Hazards, Climate & Resilience

Supreme Court of New Zealand[2014] NZSC 19321 Dec 2014

University of Canterbury v The Insurance Council of New Zealand Inc

For business owners, the main lesson is that building compliance, insurance exposure and reinstatement costs often turn on the exact wording of the statute, not...

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Dismissal, Redundancy & GrievancesDisputes, Enforcement & RemediesFinancial Services, Credit & PaymentsEnvironmental Consents & WasteInsurance Policies & ClaimsNatural Hazards, Climate & ResilienceStandards, Accreditation & Certification

Supreme Court of New Zealand[2013] NZSC 15622 Dec 2013

BFSL 2007 Ltd & Ors (In Liquidation) v Steigrad

If your business buys D&O or similar liability cover, do not assume the policy limit will be freely available both to defend the claim and to pay any eventual...

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Directors' Duties & GovernanceShareholders & Company ControlLiquidation & RestructuringDebt Recovery, Guarantees & SecurityDisputes, Enforcement & RemediesFinancial Services, Credit & PaymentsInsurance Policies & Claims