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Category: Litigation & Dispute Resolution

  • Body Corporate Business Update December 2017

    7 December 2017

    NEED A SCHEME?Leaky building? Significant repairs? Large-scale maintenance project?A body corporate facing significant building works to repair building defects and associated damage, or replace building components at the end of their useful life may be able to rely on the default statutory provisions of the Unit Titles Act 2010 (“UTA”) to complete the work. Alternatively, it may be either necessary or desirable to turn to section 74 of the UTA and establish a reinstatement scheme.While the default statutory provisions may ...

  • Important to protect against potential liability for prior agent’s commission

    5 December 2017

    We have recently obtained a favourable judgment for Barfoot & Thompson (“Barfoots”); whereby, they recovered commission due under a sole agency agreement from vendors who sold the property privately shortly after the sole agency expired. Barfoot & Thompson Limited v Gore Nominee Limited & Hon Thi Thuy Hoang [2017] NZDC 14564The sole agency agreement included a provision that the vendors must pay the commission if they entered into a private agreement to sell their property within six months following expiry ...

  • Investor Category Residence Visas

    4 December 2017

    The Migrant Investor Category visas intend to attract financial capital to local New Zealand firms or government by offering resident visas to those who wish to make a significant financial contribution to New Zealand’s economy. There are two categories available for migrant investors depending on the level of capital available to invest.Key Minimum RequirementsImmigration New Zealand imposes prerequisite minimum requirements to be eligible to apply for the migrant investor category visas.The following requirements apply:1 The principal applicant is of good ...

  • Glaister Ennor wins in the Supreme Court of New Zealand

    16 November 2017

    Last month saw the successful end of a six-year dispute over the failed Kawarau Falls Station development in Queenstown, New Zealand, for a large number of investors represented by Glaister Ennor.The development was meant to be an integrated lakeside development with over a dozen hotels and serviced apartment complexes built in three stages. Unfortunately, the Global Financial Crisis halted construction and only a handful of buildings in the first stage were completed. When called upon to settle on the investment ...

  • Going to court checklist

    14 June 2017

    The prospect of appearing in or even attending court proceedings will fill most people with a sense of dread. Court proceedings present a number of unknowns. And to most people, a courtroom does not seem to be an inviting or friendly environment. While the participants in a court process may appear to be aloof and unfriendly, these people are aware of the stress and anxiety that a person may feel when coming to court. These people will answer questions and ...

  • What are real estate agents’ obligations in relation to hidden/underlying defects with a property?

    14 June 2017

    In relation to hidden or underlying defects, the obligations of Real Estate licensees are set out in Rule 10.7 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“Rule(s)”).Rule 10.7 states:A licensee is not required to discover hidden or underlying defects in land but must disclose known defects to a customer. Where it would appear likely to a reasonably competent licensee that land may be subject to hidden or underlying defects, a licensee must either:(a) obtain ...