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Articles by Olly Peers
Podular Homes: Court of Appeal unanimously overturns High Court decision on equitable liens in liquidation
In a judgment issued yesterday (Francis v Gross [2024] NZCA 528), the Court of Appeal unanimously overturned the controversial High Court decision in Francis v Gross [2023] NZHC 1107 and held that purchasers of partly constructed modular buildings (pods) did not have equitable liens (at all, and especially not in priority to secured creditors) over those pods.
[OPINION] Insurance overhaul long overdue, yet consumer benefits by no means assured
An overhaul of insurance laws is due, but it has to be done properly. Tuesday, May 31st 2022, 1:17PM By Olly Peers If the events of the past two years have taught consumers and businesses anything, it is the importance of being financially resilient when unexpected events happen. In times of uncertainty, insurance plays a critical role in helping people get back on their feet.
The Supreme Court confirms reinstatement is not a right that can be assigned | Lexology
New Zealand
July 4 2019 The Supreme Court has had the final say on the status of 'on sold' earthquake damaged properties insured by IAG at the time of the Canterbury earthquakes. In a judgment released yesterday, the Supreme Court by 3:2 majority, decided that owners of on sold properties are not entitled to replacement benefits under the IAG policy. The decision is a blow to purchasers of damaged properties, particularly those with undiscovered earthquake damage at the time of sale.
Court of Appeal rejects Fonterra's view on misleading conduct in trade
In Fonterra Co-operative Group Ltd v Mcintyre and Williams Partnership [2016] NZCA 538, the Court of Appeal dismissed Fonterra Co-operative Group's (Fonterra) appeal against a decision of Muir J in the High Court. The decision was that Fonterra had breached s 106 of the Dairy Industry Restructuring Act 2001 in relation to the contract terms offered to, among others, McIntyre and Williamson dairy farmers (Respondents).
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