The “doctrine of frustration‟ is a common law concept that allows a contract to be discharged when a certain event or event(s) occur, which is beyond the control of the parties. The event needs to make performance of the contract impossible. Contractual promises and obligations are usually absolute, therefore this […] Read More›
Farry and Co have been successful in obtaining an important Judgment from the Court, which has clarified the distinction between residential tenancies and boarding house tenancies. His Honour Judge Crosbie in Cutlers Limited v Olivia Thompson CIV 2013-012-000410 delivered a Judgment which has sent a clear message to Tenancy Tribunals […] Read More›
In April this year the Court of Appeal revisited issues under the Partnership Act 1908. This legislation has withstood more than one hundred years of scrutiny by the Courts but still applies to remind partners in business of the need for robust Partnership Agreements to determine the rights of Partners […] Read More›
The New Zealand Court of Appeal has recently issued a decision confirming that where creditors are related to the party in liquidation their ability to influence decisions at meetings of creditors is severely limited. Under Section 245A of the Companies Act the Court has the ability to set aside resolutions […] Read More›