Payments by Insolvent Companies: The Curse of the Voidable Transaction

by Chris Patterson | December 09, 2015

The commercial world can produce some odd and outright unfair results and outcomes.  A trader who provides an acceptable good or service is entitled to be paid the agreed price.  Receipt of payment concludes the bargain and the wheels of commerce move forward.  However, that all assumes the solvency of the company making the payment.  The assumption is, in most... Read More

Introducing the Harmful Digital Communications Act 2015

by Chris Patterson | December 02, 2015

With 24/7 Internet access now the norm rather than a novelty, people are spending more of their time online. Unfortunately, some people use the Web to bully or harass others, whether it’s schoolchildren teasing a classmate or an anonymous troll ripping into a celebrity on Twitter. Bullying has definitely made the leap in the digital age, creating new issues for the... Read More

Former Russian Billionaire has some Trust Issues

by Chris Patterson | November 24, 2015

Once known as “Putin’s Banker”, Sergei Pugachev, a former Russian Billionaire, will be content following the recent High Court decision of Kea Trust Company Limited v Pugachev. Pugachev was the co-founder of Russia’s Mezhprombank, which previously had billions of dollars worth of assets under its control.  He once boasted in a Financial Times interview that... Read More

Restraint of trade – consider the consideration

by Chris Patterson | November 19, 2015

It is an unspoken truth that an employee can be at the same time an employer’s biggest asset and greatest potential threat. This is particularly true in the recent Employment Relations Authority decision of Nova Energy Ltd v Mitchell. Michael Mitchell was a former employee of Auckland Gas Company, a subsidiary of Todd Energy, before it amalgamated with Nova in... Read More

Are my computer files mine? The curious case of Dixon v R

by Chris Patterson | November 12, 2015

Background It is no secret that the law has struggled to keep up with the ever-quickening pace of technological change. The recent Supreme Court decision of Dixon v R is another example of how the courts are trying to reconcile laws designed for the real world with the digital world. During the 2011 Rugby World Cup, the English rugby team visited the Altitude Bar in... Read More

Facebook defamation: man awarded $13.1K after estranged wife’s ‘domestic violence’ post

by Chris Patterson | January 16, 2015

In Australia a woman has been ordered to pay her estranged husband A$12,500 after she accused him, on Facebook, of subjecting her to years of abuse. Although she defended the defamation claim by arguing truth, the Court found that at best, she had only established that there was an incident during a holiday in 2010 which led to her husband to apologise to her. As... Read More

Significant Employment Law Changes

by Chris Patterson | December 18, 2014

Some significant changes are to be made to the Employment Relations Act 2000 (“the Act”) which will come into effect on 6 March 2015. The changes target six key areas of the Act with the aim of promoting the concepts of flexibility and choice, the balance of fairness between employers and employees, and a reduction in regulation and compliance costs. A brief... Read More

Unsubstantiated Representations

by Chris Patterson | August 11, 2014

Advertisers make a lot of claims in advertising material. They might say that their product or service is better, cheaper or provides other benefits that similar products or services do not. Consumers often don’t have the time to research whether these claims are true, and even if they buy the product (or service) they might still be unable to assess whether the... Read More

Did you know…

by Chris Patterson | July 03, 2014

Several years ago the Electronic Transactions Act came into force heralding in a bright new future.  A future where individuals and businesses would be able to dispense with the use of paper and be more environmentally unfriendly by recording their agreements electronically.  Rightly or wrongly, my team and I always took the view that you could use email to... Read More

A Right to be Forgotten?

by Chris Patterson | July 03, 2014

So far 2014 has been a year where of some of my new clients have come to me and my team seeking help to be forgotten.  Well not completely but rather just the negative references to them on the internet.  The immediate question is whether there is such a thing as a right to be forgotten? Or to have certain things about your past forgotten?  As with most issues in... Read More