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Legal articles written by Cavell Leitch lawyers.

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21 Litigation Articles

Company creditors and claw-back

Under our Companies Act liquidators can come knocking to recover funds that companies have paid to creditors months (and years) prior. The liquidator’s powers of claw back are not widely understood by creditors, and to many the powers seem inherently unfair. In this article, we address what the claw-back ...

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PPSR – Tips to protect your position

The Personal Property Security Register (PPSR), is a searchable online database of financing statements. If your business supplies customers with equipment or stock on credit or consignment basis, your interest should be registered against each of those customers. When a customer is insolvent, or when you are trying to collect ...

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Supreme Court puts foot down

The Supreme Court has released a short and sharp decision which acknowledges that Judges can make mistakes, but mistakes won’t always afford a further right of appeal.

In Myall v Tower Insurance Ltd [2018] NZSC 35 the Court was required to exercise its gatekeeping powers in considering whether to ...

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Speak up or lose out – when to notify your insurer

Obtaining an insurance policy and paying the premiums is only the first step to ensuring that your business has insurance cover when it needs it. An often overlooked or at least underestimated aspect is that the typical liability insurance policy has specific requirements about notifying your insurer of a potential ...

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Buyer beware: Christchurch’s property market’s hidden costs

A recent article in the press a couple of weeks ago highlighted that there are several houses in Christchurch which were never correctly fixed after the Canterbury Earthquakes and as a result may be financially toxic. People purchasing these houses run the risk that they may be buying into an ...

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Trans-Tasman disputes – out of which court do I sue?

With the evolution of the ‘global economy’, disputes between parties who reside or do business in different countries are now commonplace. Disputes between New Zealanders and Australians are governed by the Trans-Tasman Proceedings Act 2010. This Act simplifies the process and reduces costs for resolving civil disputes where the parties ...

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