Blog
Du v Yoon & anor [2025] NZHC 621 concerned the operation of clauses in a standard form agreement for the sale and purchase of land that apply when damage is caused to the property by natural events occurring between the making of the agreement and settlement, and when settlement does not take place on the settlement date. The plaintiff, Ningfei Du, says he is entitled to the return of the deposit of $1,063,000.00, which he paid following his successful tender to purchase the property at 149A Arney Road, Remuera, Auckland from the defendants, David Youn and his wife, Miji Sunwoo, in accordance with an agreement for the sale and purchase. […]
In Pearce v NHC & anor [2024] NZHC 623 the High Court (Osborne J) dealt with a case stated from the Canterbury Earthquakes Insurance Tribunal about whether the homeowners’ claim against the insurer, MIS, was statute barred by the Limitation Act 2010. The 2010/2011 earthquakes damages the Pearces’ home. In November 2023 the Pearces’ lodged a claim in the CEIT. MIS said the claim was statute barred having been brought more than 6 years since the cause of action accrued. EQC/NHC determined the claim was over cap on 25 November 2022. The court decided that the primary period under section 11 of the Limitation Act 2010 begins on the date, […]
In Sole v Hutton & ors [2025] NZHC 430 the High Court (Blanchard J) decided that the vendors of 3A in the Belle Mer apartments at 53 Marine Parade, Mt Maunganui , were liable to pay the purchasers $926,806.48 for breach of contractual warranty and misrepresentation under s 35 of the Contract and Commercial Law Act 2017. The evidence was that in 2014 the body corporate obtained reports about leaky defects with the building. The vendors owned the property in 2014 and knew about the minutes, but said they forgot about them. Clause 11.2(7) of the sale agreement stated that the vendor has no knowledge or notice of any […]
On 17 March 2025 I presented a paper on case updates at a Legalwise Seminar on class actions in NZ. Here is the paper. It is about recent cases in NZ with a particular focus on Common Funding Orders and Solicitor Group Costs Orders.
On 19 February 2025 I presented at the Legalwise Seminar entitled “Insurance Law Intensive.” The topic was Property insurance round up- Floods, landslips and earthquake issues- A discussion of recent cases and current litigation as well as issues arising post natural disasters. Here is a link to papers.
