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FMV v TZB

In a rare occurrence, an employment case has made it all the way to the Supreme Court.In FMV v TZB[1] the Supreme Court was tasked with determining whether the High Court or the Employment Relations Authority (Authority) had jurisdiction to hear the plaintiff’s claim where those claims were based in tort. The plaintiff, FMV, alleged that the employer TZB, had failed to provide a safe system of work and not cause her psychological harm. Because this is a tort (negligence) FMV brought her claim ...

Costs in estate litigation

As with any litigation, the issue of how estate litigation will be funded, or what costs can be recouped, will be at the forefront for the parties:a. Will the estate be able to recoup a proportion of their legal fees in the form of a costs award against an unsuccessful claimant? Or will the estate be further eroded by simply having to defend against the claim on a standard fee basis?b. Although a successful claimant is likely to secure a costs award against the executors, would an unsuccessful c...

Care required in entering into employment record of settlement

Inland Revenue’s Tax Counsel Office (TCO) issued Technical Decision Summary (TDS 23) 23/01 on 22 February 2023. TDS 23/01 concerns whether settlement payments received after an employment dispute were taxable employment income. This TDS highlights the importance of considering the tax implications of proposed payments received in settlement of employment disputes. Formerly the approach taken to determining the nature of settlement payments has been to look to the initiating document that ...

My neighbour's trees are interfering with my property, what can I do?

Disputes between neighbours regarding trees is all too common. While trees offer a range of benefits, they too can cause a number of problems including: blocking views; blocking light/shades the neighbouring property; clogging gutters or drains; and damage structures, i.e. driveways and fences.Generally, every landowner has the right to the ordinary use and enjoyment of their land, which includes the right to plant and grow trees. However, this right is not unqualified, a lan...

Nuptial Settlements

Section 182(1) of the Family Proceedings Act 1980 gives the Court the power, following dissolution of a marriage, to “inquire into the existence of … any ante-nuptial or post-nuptial settlement made on the parties” and, if there is such a settlement, to vary its terms.This power is intended to be exercised for the purpose of remedying the consequences of the failure of the underlying premise of the “nuptial settlement,” being a continuing marriage.Over recent years, this provision has ...

Construction contracts - "Pay now, argue later" affirmed

A recent Court of Appeal decision has reaffirmed the “pay now, argue later” provisions of the Construction Contracts Act 2002 (CCA) as the predominant force in construction contract payment disputes. It serves as a valuable reminder to both contractors and employers to have their payment processes in order – both in the receiving and making of payments – to limit exposure to avoidable payment complications.After some ambiguity in recent years over the treatment of payment claims vs payme...

Extension to the unfair contract terms regime

On 16 August 2022, the Fair Trading Amendment Act 2021 (Amendment Act) comes into force and will extend the unfair contract terms (UCT) regime to include small trade contracts.Many businesses regularly use standard form contracts which will fall within the UCT regime without necessarily realising it. For example, issuing trade terms with a quotation is an example of a standard form contract. It is therefore important to understand how the UCT might impact your business. Now is the right time to ...