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Xu and Diamantina Trust v IAG & EQC [2017] NZHC 1964

Seven years on from the September 2010 Christchurch earthquake, the Xu and Diamantina Trust case has provided much needed clarification on the assignment of insurance policies. Many residential properties following the earthquakes were sold in their damaged condition with the vendor assigning their insurance policy and claims to the purchaser. Most residential insurance policies contain [...]

December 4th, 2017|Categories: Legal Developments|Tags: |

Commerce (Cartels and Other Matters) Amendment Act 2017

The Commerce (Cartels and Other Matters) Amendment Act 2017 (Amendment Act) came into force on 15 August being significantly different to the original Bill introduced almost six years ago. The new cartel provisions apply to every new contract, arrangement or understanding entered in to from 15 August 2017, with a nine month transition period for [...]

December 4th, 2017|Categories: Legal Developments|Tags: |

White v James Hardie New Zealand [2017] NZHC 2112

The James Hardie Group is facing 370 plaintiffs who are alleging that their products and cladding systems were defective, not weathertight and failed to comply with the prevailing building standards. The causes of action brought against the Group are based on tort, the Consumer Guarantees Act 1993, and the Fair Trading Act 1986. James Hardie [...]

December 4th, 2017|Categories: Legal Developments|Tags: , |