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As a company lawyer in Auckland, my view is that accountants can have an important role in encouraging shareholders to take security for advances that they will make to their company over time. Often,… Read more

A Heads of Agreement is often used ignorantly as a short cut, second rate contract document, to get an immediately binding agreement, the assumption being that the parties will be able to fill in any… Read more

A Heads of Agreement is often used ignorantly as a short cut document, to get an immediately binding agreement, the assumption being that the parties will be able to fill in any detail later, by… Read more

This update on important changes to consumer laws that will affect many businesses in relation to the contracts with business and non business customers Read more

In Marac v Greer, the CA confirmed that a mortgagee of land had priority over a secured party under a General Secrutiy Agreement for land rental. This involved a consideration of the relationship… Read more

In Vance et al v Huhtamaki, in relation to a summary judgement application by receivers, the Court of Appeal refused to accept that a limitation clause relied upon by receivers was effective. Read more

Naming your company is no real protection. A company under a similar name can be incorporated. Nor does it stop another business from adopting your company name. Registration of a trade mark should… Read more

In Sigglekow v Waikato DHB, the ERA found that a reasonable employer could not have dismissed in this case because inadequate inquiries were made into the alleged misconduct and because no action had… Read more

Over recent times, employment law seems to have given rise to probably more current issues than other business law issues, which means that it can be something of a minefield even for employers with… Read more

Restraint of trade clauses, takecare when drafting them or agreeing on them. Read more