Arbitration or Summary Judgment?

In a recent High Court case, Teak Construction Limited v Andrew Brands Limited [2015] NZHC 2312, Associate Judge J P Doogue granted an application to dismiss summary judgment proceedings on the grounds that the Court had no jurisdiction as the parties had agreed to submit disputes to arbitration by the terms of their contract (NZS…

Is an implied term just the correct interpretation?

When it comes to contract law the position is that the terms of a contract are to be interpreted to establish what the parties intended to mean. If the contract is silent in one area then it is open to the parties to argue that the term should be implied into the contract. Traditionally, there…

Brookfield Multiplex – High Court of Australia on builder’s duty of care

Recently the extent of a builder’s liability in tort has been the subject of a number of judicial decisions in New Zealand. Across the Tasman Australia have been grappling with similar considerations. The High Court of Australia (Australia’s highest court) has recently released a decision concerning builder’s liability for pure economic loss; Brookfield Multiplex Ltd…