(09) 869 2097
Lawyers and Mediators

Commercial & Property

A number of disputes arise from commercial and/or property transactions.  We act proactively for you to protect your position.

Contract/tort

Contractual relationships are the cornerstone of business and if any concerns arise whether founded or not we are able to provide a prompt and detailed analysis of the issues and advice which can pre‑empt a matter arising or provide a speedy economic __________ and the result that you want.  We have claims arising ________ can be negligence (including professional negligence), defamation, nuisance and other torts.

FREQUENTLY ASKED QUESTIONS

This is the process by which disputes between private individuals, corporate entities or other legal personalities are resolved.  This can be by way of Court action or dispute resolution including settlement negotiation and/or mediation conferences.  For civil matters, mainly monetary claims, this process usually involves Courts or a disputes tribunal.  New Zealand has specialist bodies, for example the Employment Court for disputes between employers and employees and the Family Court for disputes between partners or involving children.

This involves an argument between the parties to a contractual arrangement.  This often involves agreements to purchase property, lease arrangements, commercial contracts and banking arrangements.

It is an area of law involving obligations by one person or an entity to another.  An example of this is negligence.  That is when one party owes a duty of care to another therefore tort arises when the party owing the duty of care breaches that obligation and damages experienced by the party to whom they owe that duty.

This is generally governed by the Consumer Guarantees Act, the Fair Trading Act and the Sales of Goods Act.  It may also involve specialist bodies set up to oversee such as the Commerce Commission, Banking and Insurance Ombudsman.

Although usually referred to as injunctions they are now known by the term an emergency application and this is when one party needs to stop another party from performing an act or taking steps on the basis that by doing so there will be irreparable damage which cannot be remedied by an award of costs in favour of the other party.  The party seeking to obtain the emergency order will need to establish if they have a sound claim beyond the balance of probability “and undertake to pay any damages that are experienced by the other party if the claim is ultimately unsuccessful.

An interlocutory order is an order made in the process leading up to the substantive Court hearing.  In the Family Court for instance interlocutory applications are usually around the disclosure of discovery documentation orders joining third party or additional parties in orders directing the conduct of the proceedings in general.

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Call Us… (09) 869 2097