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Insights (502)

CPB's path to victory in defective tender design case

27 March 2024

In CPB v WSP the High Court held WSP was liable to pay CPB $5m for defective tender design on the Southern Corridor Improvement project. We run through the background, the High Court’s findings, and practical takeaways. Please click the link below to read our article.

Case Note: Westpac New Zealand Limited v New Dawn Holdings Limited & ors [2024] NZCA 11

14 March 2024

When a solicitor receives loan funds from a bank, is it as an agent of the bank or of the borrower? And if the solicitor then uses the funds for their own purpose rather than the borrower’s, did the borrower ever “draw down” the funds from the bank at all and is the borrower still liable to repay? The Court of Appeal decision in Westpac New Zealand v New Dawn Holdings highlights the importance that the Courts place on the words of the contract between lender and borrower to determine the nature of their rights and obligations, and the extent of any agency relationship.

NZ considers full autonomous sanctions regime

11 March 2024

An Expert Advisory Group has recommended that New Zealand introduce a full autonomous sanctions regime, allowing New Zealand to apply sanctions unilaterally beyond the current Russia sanctions legislation. The advice comes from a Group appointed by the Labour Government in 2022 to provide recommendations on ‘foreign policy tools available to respond to grave international situations of concern involving threats to peace and security and breaches of human rights’.

Media ungagged after seven month legal battle

08 March 2024

Newshub last night reported on an investigation into alleged historic sexual abuse by Cardinal John Dew, the former head of the Catholic Church in New Zealand. Publication was cleared by the Supreme Court in a judgment delivered earlier this week after seven months of legal skirmishing.

Submission on FMA’s proposed fair outcomes for consumers and markets

06 March 2024

Chapman Tripp has made a submission to the Financial Markets Authority, Te Mana Tātai Hokohoko, on the draft guide “Fair outcomes for consumer – a guide to outcomes-focused regulation”.

Opt out orders for class actions not automatic

05 March 2024

A recent decision by the Court of Appeal, in which Chapman Tripp was involved, provides useful guidance on the test applied when obtaining an opt out order for a representative class action in New Zealand. We background the case and summarise the Court’s findings.

Debt financing – prospects for 2024

27 February 2024

Unpredictable events, such as COVID-19 and the cost-of-living crisis, have created a difficult and volatile environment for the domestic economy in recent years. In this article we summarise the main economic trends predicted for 2024 and examine their impact on the NZ funding market.

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News (173)

Chapman Tripp named Firm of the Year at IFLR Asia Pacific Awards

22 March 2024

Chapman Tripp has won two awards at the IFLR Asia-Pacific Awards, which celebrate the achievements of the financial law community.

Legal opinion finds regulatory settings discouraging some investment options for KiwiSavers

29 February 2024

KiwiSaver investors should have the option to benefit from an asset class that can deliver long-term value.

Three Senior Associates recognised by NZ Lawyer as Rising Stars

28 February 2024

We are delighted that Kishan Gunatunga, Rachael Jones and Rosa McPhee have been recognised as Rising Stars by NZ Lawyer.

Philip Ascroft appointed to NZ Shareholders’ Association board

19 February 2024

Chapman Tripp Senior Associate, Philip Ascroft has been appointed as an Associate Director to the board of the NZ Shareholders’ Association (NZSA).

Chapman Tripp named KangaNews NZ Law Firm of the Year for eighth consecutive year

06 December 2023

We are thrilled to have been recognised as the New Zealand Law Firm of the Year at the 2023 KangaNews Awards; our eighth consecutive win. Our finance team were also advisers for two of the other award winners.

Celebrating twelve new Senior Solicitors

30 November 2023

Chapman Tripp is delighted to announce the appointment of 12 new Senior Solicitors, effective 1 December, 2023.

Chapman Tripp advises on multiple winning deals at 2023 New Zealand Law Awards

24 November 2023

Chapman Tripp is proud to have advised on four of the winning deals at this years’ New Zealand Law Awards: M&A Deal of the Year, Equity Market Deal of the Year, Mid-Market Deal of the Year and Project Finance Deal of the Year. Demonstrating the breadth of Chapman Tripp’s transactional practices, the firm also advised on ten deals that were recognised with excellence awards.

Chapman Tripp advises Eastland Group on sale of 50% stake in Eastland Generation

21 November 2023

Eastland Group has sold a 50% stake in its electricity generation business to Japanese construction conglomerate Obayashi Corporation. Chapman Tripp advised long time client Eastland Group on all aspects of the sale including structuring, vendor due diligence, regulatory matters, and negotiation of transaction documentation with multiple bidders

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Podcasts (28)

Bank liability for customer scams

09 August 2023

The UK Supreme Court’s recent decision in Philipp v Barclays Bank has pulled back on a possible expansion of banks’ “Quincecare duty”, and provides clarity for banks in an era of increasing (and increasingly sophisticated) bank scams. But the decision also highlights the difficult question of justice for bank depositors who may lose their life savings to such scams. We review the implications of Philipp, and survey what else might be done to deal with payment transfer fraud.

Cost escalation in construction

17 August 2022

In this Sound Counsel podcast, Kylie Mutch, a senior associate in our Construction & Major Projects team, gives her expert insights into what lies ahead for the construction industry, when looking at cost escalation.

The impacts of supply chain disruption on construction contracts

26 July 2022

There is no denying that the last few years have brought immense change in the construction industry, and the challenges keep coming. In this Sound Counsel podcast, Kylie Mutch gives her expert insights after living and breathing these changes with her clients.

A time for directors to bring their best game

16 May 2022

Off the back of our 2022 Corporate Governance – trends & insights report, we sit down with Partner Roger Wallis to discuss developments in the board composition of the NZX Main Board Top 75.

The importance of term sheets

11 April 2022

Tech firms looking to be acquired by offshore purchasers will often be presented with term sheets offering an attractive headline purchase price, with negotiation then leading to signature and an exclusivity period before legal and financial advice is engaged. Hear Partner Joshua Pringle explain how to ensure the term sheet is right.

Charting the Top 75 – trends in the data

08 December 2020

Partner Roger Wallis discusses the trends in the data collected from the Top 75 listed companies, charting developments in board composition, size, diversity, length of service and reporting.

A time for boardrooms to hold their nerve

30 November 2020

Off the back of our 2020 Corporate Governance – trends & insights report, we sit down with Partner Roger Wallis to reflect on the key theme in this year's publication – a plea for boardrooms to hold their nerve.

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